NATIONAL ENGINEERING INDUSTRIES LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Petitioner, National Engineering Industries (for short "the Company") by way of this Writ Petition filed under Article 226 of the Constitution of India, has challenged the Order, dated 19-2-1994, issued by Respondent No. 4 viz. Sub-Divisional Officer, Jaipur directing the Petitioner-Company to remove its purported encroachment over Khasra Nos. 138/279 and 139/279 in Bassi Sitarampura by 25-2-1994 failing which coercive action for removal of the aforesaid encroachment was directed to be initiated at the instance of Respondent No. 4 against the Petitioner-Company vide impugned Notice, dated 9-4-1994. It is the said Notice which has been challenged by the Petitioner-Company on the ground of having been issued by Respondent No. 4 as being wholly arbitrary, unwarranted, without jurisdiction and on extraneous considerations and is also barred on the principle of promissory estoppel. Prior to initiation of land acquisition proceedings in pursuance of the expansion programme of the industrial unit of the Petitioner- Company, an application was moved by the Petitioner-Company (for short "NEI"), Department of Industries, Government of Rajasthan as on 19-4-1958 for allotment of 35 bighas 17 biswas of land lying between NEI's factory and Man Industrial Corporation. Thereafter land acquisition proceedings were initiated by the respondents for the purpose of acquisition of the aforesaid land falling under village Bassi Sitarampura, Chak Hasanpura and Sahjahpura were initiated by way of Notification, dated 20-3-1959, under the Rajasthan Land Acquisition Act. This Notification was gazetted on 30-4-1959.

(2.) Subsequently it transpired that out of the aforesaid land, 17 bighas 19 biswas of land was sawai chak, not within the purview of acquisition being a private land which infact, had already been acquired by Urban Improvement Trust, Jaipur (for short "UIT"). This fact is also fortified from the letter, dated 10-11-1960 addressed by the Land Acquisition Officer to the Assistant Secretary, Department of Industries, Government of Rajasthan, Jaipur and which fact is borne out from the perusal of Annexure-2 on the record.

(3.) It has further been averred by the Petitioner- Company that as a result of present needs of the said Company for expansion of its factory at Jaipur, the Secretary, Industries vide his communication, dated 6-12-1962 had informed the Collector, Jaipur that it had been decided to allot 35 bighas 17 biswas of land in question falling in villages Bassi Sitarampura, Chak Hasanpura and Sahjahpura to NEI Ltd. and a direction was issued in this regard by the Secretary, Industries, Govt. of Rajasthan to the effect that aforesaid khasra numbers as specified be declared as industrial area and handed over to the company. It was further stated that as regards the residue of the remaining land measuring 17 bighas 19 biswas it had been decided to compensate the UIT with the cost of acquisition of the land and a sum of Rs. 20,000/- had already been deposited by the NEI with the Industries Department for remittance to the UIT, Jaipur. This fact is borne out from the correspondence dated 6-12-1962 wherein it is categorically stated that the necessary lease deeds would be signed with NEI as soon as the land was declared as industrial area vide Annexure-3 on the record.