KRISHNA KEJRIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed with the prayer that the Commissioner, Jaipur Development Authority be directed to take immediate steps to flush out the trespassers who have been unlawfully retaining possession of the land belonging to Krishna Nagar Extension Scheme and restore possession thereof to 26 allottees of Krishna Nagar Extension Scheme and make provision for roads, parks and other facilities on 34% area of Krishna Nagar Extension Scheme which vests in the Jaipur Development Authority. A further prayer has been made that Director General of Police, Rajasthan be required to evict the trespassers by use of the police force.

(2.) THE factual matrix of the case is that the petitioner entered into an agreement to sale with one Colonel Rajendra Singh some time in the year 1975 with regard to land measuring approximately 3. 33 acres. According to the petitioner, possession of the said land was handed over by the said Colonel Rajendra Singh to the petitioner. THE petitioner entered into agreement with Jai Chamunda Grah Nirman Sahakari Samiti Ltd. (for short `chamunda Samiti') for development of such land into a colony. Colonel Rajendra Singh however had a change of mind later and wanted to back out from the agreement. When he delayed execution of the sale deed, the petitioner had to file a Civil Suit for specific performance which eventually culminated into passing of a compromise decree and execution of the sale deed in favour of the petitioner by him on 24. 9. 79. It was thereafter that an agreement was entered into petitioner and the said Chamunda Samiti who later approached the Jaipur Development Authority with the proposed lay out plan of 26 residential plots with the name of Krishna Nagar Extension Scheme. THE lay out plan was approved by the JDA on 11. 7. 84. THE Samiti has given these 26 plots to the persons named by the petitioner who were all her family members, close relatives and friends. In course of time, the conversion charges were also deposited on behalf of the 26 allottees. THE Samiti submitted a scheme sponsored by it before the JDA and the JDA later published a list of various schemes in the shape of booklet sponsored by the said Samiti. At page 7 of such booklet, reference has been made to 26 allottees in Krishna Nagar Extension Scheme. THE petitioner deputed one Sanwar Mal Agarwal to look after such plots because she generally resides in Calcutta. But then, Colonel Rajendra Singh again prompted by sheer greed sponsored Madhav Nagar Grah Nigam Sahakari Samiti Ltd. (in short `madhav Samiti') and executed another agreement to sale in their favour.

(3.) I have heard Shri S. R. Bajwa, learned counsel for the petitioner, Shri B. S. Chhaba, learned Dy. Government Advocate, Shri Anant Bhandari, learned counsel for respondent no. 4, Shri Amit Singh Shekhawat, learned counsel for respondent no. 5 and Shri S. N. Kumawat, learned counsel for respondent no. 6 and 7 and scanned the material on record.