NOOR MOHAMMAD Vs. CHODHARY MEHTABKHAN

JUDGEMENT

(1.) THESE two revision petitions will be disposed of by this common order as they are directed against the same order of the Addl. Collector, Jaipur dated 12-10-66 whereby he accepted the application of the non-petitioner challenging the sale of the disputed land and the sanction issued by the Municipal Council u/s 283 of the Raj. Municipalities Act with the direction that the matter may be re-decided after inspecting the site in the presence of the contesting parties and examining the question whether the land could be sold to the petitioner and if so, at what price.

(2.) WHILE passing the above order it was observed by the learned Addl. Collector that earlier the Municipal Commissioner had rejected a similar application of the petitioner on the ground that the land in question fell in a slum clearance area and the land was not open for sale until the master plan was ready. It was found by the Collector that while issuing the impugned sanction, no reference had been made to the previous refusal. The Addl. Collector was further doubtful about the value of the land as assessed by the Municipal Commissioner. He felt that it might as well exceed Rs. 500/- in which case the sale by allotment was not permissible by the Municipal Council.