MUNICIAOAL BOARD KISHANGARH Vs. CHAND MAL AND CO

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dtd. 30/4/2007 of the learned Single Judge by which the writ petition as also the revision petition filed by the respondent no.1 were allowed with direction to the Municipal Board, Kishangarh (appellant herein), not to interfere with the peaceful possession of the respondent no.1 on the land in question measuring 4500 square yards in khasra no.278 in Kishangarh.

(2.) The facts of the case are that the District Collector, Ajmer, vide letter dtd. 7/11/1963, informed the respondent no.1 M/s. Chand Mal and Company, Kishangarh, that its case was duly forwarded with recommendation to the Government to sanction allotment of 2 bigha of government agricultural land on terms similar to what are given in earmarked industrial area under the Rajasthan Industrial Areas Allotment Rules, 1959. The District Collector, Ajmer, vide letter dtd. 9/12/1964 informed the respondent no.1 that the State Government has accorded sanction for allotment of land measuring 4500 square yards of khasra no.278 in Kishangarh for industrial purpose on the terms and conditions mentioned therein. The District Collector on 14/12/1964 executed a lease for a period of 99 years in favour of M/s. Chand Mal and Company. The Municipal Board claimed the land to have vested in it as it was not cultivated since 1944 and also claimed to be in possession of the land over which a cattle fair was held every year for one week beginning from the day succeeding Deepawali.

(3.) The respondent no.1 wanted to raise construction on that land but the District Collector restrained him from raising the construction. He filed Writ Petition No.763/1966 in this court, which was allowed vide judgment dtd. 11/11/1966 holding that the District Collector could not, by a mere executive order, restrain the respondent from raising the construction. However, it was left open to the Municipal Board to proceed according to law if the constructions were raised in contravention of the provisions of the Rajasthan Municipalities Act, 1959 (for short, 'the Act of 1959').