KHEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal and the appeals mentioned in the Schedule arise out of the judgment dated 14.1.97 passed by the learned Single Judge, by which the learned Single Judge struck down the proviso to Clause (viii) of Sub -rule (5) of Rule 13 -A of the Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 and held that these Rules shall apply to all the allottees inclusive of the allottees prior to the date the amended Rules, 1996 were brought into force. The learned Single Judge further observed that the order of cancellation of the allotment under the proviso to Clause (iii) of Sub -rule (5) of Rule 13 -A of the Rules, 1995 shall be passed after giving an opportunity of hearing to the allottees and Sub -rule (5) of the Rule 13 -A shall come into operation from the date the order under proviso to Clause (iii) of Sub -rule (5) of Rule 13 -A is passed.

(2.) SINCE the facts and the controversy raised in all these appeals are the same, all these appeals are, therefore, disposed of by this common judgment.

(3.) RULE 13 -A of the Rules, 1975 deals with the sale of land by Special Allotment, Sub -Rule (5) of Rule 13 -A deals with the manner in which the payment of the price of the land is to be made by the allottees. This Sub -rule (5) was amended by the State Government vide Notification No. P. 4 (2) C -1/92 dated 1.3.96. By this amendment, proviso to Clause (iii) and a new Clause (viii) in Sub -rule (5) of Rule 13 -A were added. Proviso to Clause (iii) of Sub -rule (5) of Rule 13 -A makes a provision for 'deemed cancellation if any allottee fails to deposit the amount of the instalment on the due date as prescribed in the order; while Clause (viii) to Sub -rule (5) of Rule 13 -A makes the provision for the restoration of the allotment on payment of unpaid price in lump -sum with interest @ 18% per annum. The appellants (writ petitioners) failed to deposit the amount of subsequent instalments and, therefore, the allotments made in their favour were deemed to be cancelled though no specific order for cancellation was passed in the files.