SURENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS filed the writ petition praying for a direction to the respondents, restraining them from changing the use of land reserved as 'open space marked by letters ABCD and EFGH in the plan and that the sale made by the Urban Improvement. Trust (In short, 'UIT) in favour of State Bank of Bikaner and Jaipur (In short, the Bank') on 4.12.1989 be declared null and void.

(2.) THE UIT, Bikaner is a body cooperate incorporated under the provisions of Rajasthan Urban Improvement Trust Act, 1959 (referred to as 'the Act). It is empowered to frame schemes for residential purposes. Schemes are sanctioned by the State Government. Thereafter it is implemented.

(3.) THE UIT, exercising the power under Section 29(2) (i) framed the scheme known as Sadulganj Scheme. It was duly approved by the Government. According to the Scheme, a plan was prepared. In the plan, four 'open spaces' were provided towards the eastern and western side of 'panch sati circle. The plan made provisions for a large number of shops shown in the circle itself. Some space including the two shown by letters ABCD and EFGH had been specifically left as 'open' for the beneficial enjoyment of the inhabitants occupying the residential plots and the shops shown therein. Except these two 'open spaces' other similarly situate open lands have already been developed into parks.