MOHAN LAL Vs. URBAN IMPROVEMENT TRUST JODHPUR

JUDGEMENT

(1.) THE facts out of which these petitions arise, may be stated in brief as under :

(2.) ACCORDING to facts averred in the petitions, both the petitioners purchased one plot each situate in Ratanada, Jodh-pur, out of a big plot of land belonging to Man Singh, from Man Singh. The site plan of the whole land out of which these petitioners have purchased the plots is annexed with the petitions. The site plan in S. B. Writ Petition No. 8 of 1978, is Annexure 4, whereas the site plan in S. B. Writ Petition No. 14 of 1978 is Annexure I. The petitioner Mohan lal purchased plot No. 1 shown in the site plan and the petitioner Krishna Ram purchased plot No. 2. Both these plots are adjacent to each other. Both the petitioners after the purchase of the plots obtained permission for construction over them in the year 1969, The permissions in both the cases were accorded on 6-9-1969. After obtaining permissions from Municipal Council, Jodhpur, both petitioners raised constructions over the plots in-eluding the boundary walls, the plot Nos. 3 and 4, which formed part of the same piece of land, were purchased by Shri Mohan Lal, Shri Jaya Ram and Smt. Pari Bai, respectively from Man Singh. In all the sale-deeds executed by Man Singh in respect of plots nos. 1, 2, 3 and 4, it was provided that the purchaser shall leave seven feet open land for air and light. In the sale-deed in favour of Mohan Lal it was stated that Mohanlal would leave seven feet open land towards northern side of the plot and Krishna Ram would also leave seven feet open land for purpose of air and light, but both of them shall have full proprietary right over the land and shall have full right of enjoyment over it. The owner of the plots Nos. 3 and 4, who had purchased the plot from Man Singh, further sold their plots to different persons. It is alleged in both these petitions that the new vendees of plots Nos. 3 and 4 with a view to grab the lands of the owners of the plots Nos. 1 and 2, and to have a right of way on the open land left by the petitioners initiated proceedings under Section 133, Cr. P. C. , by way of application before the City magistrate, Jodhpur, which is still pending. At the same time the new vendees of plots Nos, 3 and 4 got manipulated to get notices served under Section 203 of the Rajasthan Municipalities Act, 1959, by the Urban Improvement Trust, jodhpur (hereinafter called the U. I. T. ') upon both Mohan Lal and Krishna Ram. Both the petitioners gave reply to the notices and it is alleged that the proceedings were dropped, Again the Secretary to the U. I. T. issued notices to both the petitioners under Section 91-A of the Rajasthan Urban Improvement act, 1959 (hereinafter called the Act ). Both the petitioners submitted reply to the said notices stating therein that the entire construction including the fixation of 'patties' has been done after obtaining permission from the competent authority. The Secretary to the U. I. T. did not raise any objection as to the construction over the plots, but took objection as to the fixation of the 'patties' on the boundaries and without giving any opportunity of being heard to the respective petitioners ordered demolition of the stone 'patties' by his order dated 22-9-1977 (vide Ex. 6 in both the petitions.)

(3.) BOTH the petitioners felt aggrieved by the order of demolition dated 22-91977 and moved the Additional Collector, Jodhpur, by way of appeal under section 91-A (2) of the Act. The learned Additional Collector, Jodhpur rejected the appeals by his order dated 31-12-1977. The order of the Additional collector in both the cases has been marked Ex. 7. Both the petitioners have challenged the validity of the order dated 22-9-1977 (Ex. 6) of the Secretary to the U. I. T. directing the demolition of stone 'patties' and the order of the additional Collector dated 31-12-1977 (Ex. 7) by way of writ petitions under article 226 of the Constitution of India and have prayed that the aforesaid orders of the Secretary to the U. I. T. dated 22-9-1977 (Ex. 6) and the additional Collector dated 31-12-1977 (Ex. 7) be quashed, They have further prayed that direction or order be issued directing the U. I. T. to restore the status quo ante by fixing the 'patties' at the boundaries of the plots from where they were removed. It is not disputed before me that the stone 'patties' of the petitioners were removed forcibly under the orders of the Secretary to the U. I. T.