RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above-named petitioners have filed this writ petition in the matter of interpretation of relevant provisions of the Rajasthan Urban Improvement Trust Act, 1959 (for short UIT Act) and Jaipur Development Authority Act, 1982 (for short JDA Act) and in the matter of Rajasthan Housing Board Act, 1960 (for short RHB Act).

(2.) The facts giving rise to the filing of these writ petitions, briefly stated, are that the petitioners are khatedar tenants having half share each in respect of agricultural land bearing khasra Nos. 181 and 227 measuring 2 Bighas 9 biswas in village Jhalana Doongar District Jaipur. The petitioners have been in continuous cultivatory possession of the aforesaid land since the time of their ancestors and have also constructed their residential houses over the said land which are also used for agricultural activities and for keeping of the cattle and fodder etc.

(3.) It has been contended in the writ petitions that a resolution was passed by U.I.T. Jaipur on 1-1-1976 whereby the Government of Rajasthan sought to acquire the petitioners' aforesaid lands for the planned development of Jaipur City. The resolution was followed by a notification published under Section 52(2) of the U.I.T. Act 1959 for determining compensation by agreement. It has been contended on behalf of the petitioners that the compensation was determined subject to the following terms and conditions :-