- (1.) These proceedings arise from a judgment and order of the Rajasthan High Court dated 9 August 2012. Allowing a petition which was instituted in public interest, the High Court directed the Jaipur Development Authority ('JDA'), the Municipal Corporation and other authorities including the police to remove all encroachments from a cremation ground within a fortnight and to report compliance to the court. The judgment of the High Court has been questioned in two special leave petitions, one by a co-operative society which claims interest in the land and the second by a group of allottees of residential plots from the co-operative society.
(2.) The land in question forms a part of khasra No.31/133/1 of village Brijlalpura. On 6 April 1962, an order was passed by the Sub-Divisional and Land Officer, Jaipur. An objection was lodged by a person by the name of Sheobaksh during the course of settlement, claiming that the land in question was in his possession with cultivation rights and the name of Dilip Kumar Mukherji (the respondent to those proceedings) had been recorded wrongfully. Sheobaksh sought a correction of the revenue entries. Mukherji, as the order records, did not appear despite service of notice in the proceedings which proceeded ex parte. The SDO accepted the case of Sheobaksh that an extent of 10 bighas was in his possession and cultivation while on an area admeasuring about 3 bighas a cremation ground was in existence. This order of the SDO has held the field since 1962 and has neither been challenged nor modified.
(3.) Moti Bhawan Sahkari Samiti Limited claims that Dilip Kumar Mukherji was the owner of the land and that his name was reflected in the jamabandi for the years samvat 2015-2034 (corresponding to 1958-1977). Mukherji is alleged to have transferred the land to Nasira Begum between 1968 and 1971 and she in turned is stated to have transferred the land to Santosh Kumari. The co-operative society claims to have entered into an agreement to sell dated 11 January 1980 in respect of the land with Santosh Kumari. The claim of the society and necessarily of all those who claim through it, is based on the agreement to sell dated 11 January 1980.;