GURCHARAN SINGH Vs. NAGAR PARISHAD SRIGANGANAGAR

JUDGEMENT

(1.) THIS special appeal is directed against the judgment dated 9. 10. 1995 passed by the learned Single Judge dismissing thereby writ petition preferred by present appellant. In the writ petition, the appellant had prayed for quashment of the order dated 27. 1. 1978 whereby the Government approved of lease of a strip of land in favour of respondent No. 4 Shyam Lal for 99 years by Municipal Council, Sriganganagar.

(2.) FACTS of the matter as disclosed in the memorandum of writ petition are that the appellant constructed a house on plot No. 1127 situated in old Abadi, Kachchi Diggi, Ward No. 21 Sriganganagar. Respondent No. 4 had his house adjacent to the aforesaid house of appellant on its eastern side. There was however a small piece of land measuring 627 sq. feet on east southern side of the aforesaid plot of appellant. A site plan of the land in dispute indicating the location of the two houses has been placed on record as Exhibit 1. With the help of site-plan, the appellant contends that the disputed strip of land form integral part of his plot No. 1127 to make it rectangular in shape. Respondent No. 4 however firstly made an unauthorized and illegal encroachment over the said strip of land marked `x' in Exhibit-1 and then started making efforts to get it leased out to him for 99 years. Appellant however as a law abiding citizen approached Municipal Council, Sriganganagar for purchase of the disputed land on 23. 12. 1962. The then Administrator Municipal Council, Sriganganagar examined respective claims of both the parties and inspected the site on 22. 7. 1963. He thereupon directed for removal of unauthorized encroachment made by respondent No. 4 and for auctioning this strip of land. A copy of the order dated 22. 7. 1963 has been placed on record to substantiate this. It is alleged that respondent No. 4 manipulated to avoid compliance of the aforesaid order and with his persistent efforts ultimately succeeded in getting a resolution passed from the Municipal Council on 30. 6. 1965 proposing to lease out the aforesaid strip of land in favour of respondent No. 4 for 99 years after he had withdrawn the civil suit filed on the subject and paid a sum of Rs. 50/- as cost of litigation. It was however imperative for the Municipal Council to seek previous sanction of the State Government for grant of any lease as per requirement of Section 80 of the Rajasthan Municipalities Act, 1959 (for short `act of 1959' ). When the Municipal Council, Sriganganagar sent such proposal to the Government, it declined to sanction the grant of lease in favour of respondent No. 4 vide order dated 17. 1. 1966. According to the appellant, the Municipal Council, Sriganganagar ought to have immediately put the disputed strip of land to auction after receipt of Government order dated 17. 1. 1966. The respondent No. 4 however again succeeded in getting the proposal re-submitted to the Government by communication of the Municipal Council dated 1. 5. 1967. The State Government by its order dated 26. 9. 1967 again reiterated its earlier stand and rejected the proposal for leasing out land in favour of respondent No. 4 and directed it to be auctioned. When respondent No. 4 still persisted in making representations at various levels, the State Government finally by detailed order passed on 5. 1. 1971 again reiterated its earlier order and wrote to the Municipal Council. Sriganganagar that there are already rules regarding sale of strip of land. According to such rules, if more than one person desire to purchase any strip of land, then sale should be made only by way of auction. The Municipal Council, therefore, was directed to put the land in question to auction.

(3.) THE learned single Judge by his judgment dated 19. 10. 1995 dismissed the writ petition holding that grant of lease deed in favour of respondent No. 4 cannot be considered as unreasonable or against public interest. Feeling aggrieved by the aforesaid judgment, the appellant has preferred the present appeal.