M.L.SHRIMAL, J. - (1.) THIS special appeal taken under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the judgment dated May 2, 1977, of learned Single Judge of this Court, allowing S.B. Civil Writ Petition No. 1739 of 1973.
(2.) THE petitioner's case before learned Single Judge was that there used to be a village known as Bhojpura, Tehsil Jaipur. Its entire land forms part of Jaipur City. This village had been granted in 'Bhog' by the former State of Jaipur to seven temples. Before the formation of the United State of Rajasthan the erstwhile State of Jaipur had acquired from time to time the following chunks of land forming part of village Bhojpura: (a) For Race Course -119 Bighas, in 1938 A.D., (b) For Ram Bagh Palace, 99 Bighas 4 Biswas, In 1936 A.D., N (c) For Man Guard Barracks, 28 Bighas (now known as Secretariat building), (d) For the Palace to Shri Maharaj Kumar Singhji 144 Bighas 4 Biswas in 1944 A.D. (e) For Improvement Scheme, 19 Bighas 10 Biswas, in 1944 A.D. The lands acquired for Ram Bagh Place and for the construction of the place for the when His Highness's eldest son Maharaj Kumar Bhawani Singh ji became his personal property and the lands automatically became 'Abadi' lands. No separate orders were required to be or were passed for conversion of agricultural land into 'Abadi' land. It was also averred that no compensation had been paid in the year 1944 for the acquisition of land, measuring 134 Biswas. Only compensation, in the form of grant of Rs. 199.96, was fixed: vide Government letter No. D3222 -F. 4. 4 (226) Rev. A. 50 dated November 16, 1959. Thereafter an entry had been made in the Khatoni' i. e. record of rights, to show that 134 Bighas and 4 Biswas of land, as shown in the map of the said village, belonged to Maharaj Kumar Bhawani Singh ji. The above noted 134 Bighas and 4 Biswas of land situate on. the either side of the road, named as 'Bhawani Singh Marg', constructed in the year 1944. At the time of the formation of the United State of Rajasthan the settlement of the personal property of the Maharaja of Jaipur had been made. A site plan had been prepared, wherein the entire plot of land acquired for the palace of Maharaj Kumar Bhawani Singhji had been shown. The plot towards the northern side of the 'Bhawani Singh Marg' had been utilised by the State of Rajasthan and the land towards the south of this 'Marg' remained the personal property of the Maharaja of Jaipur and the petitioner's plot formed a part of the remaining land. In the inventory a mistake regarding the boundaries of this 134 Bighas 4 Biswas of land had cropped up, which had subsequently been corrected in 1952 by the Government of India. His Highness Maharaja Man Singhji sub divided a portion of the above land into a number of small plots. The petitioner had purchased plot No, A/9 measuring 10662/3 yards situated towards the south of 'Bhawani Singh Marg' on the main road, just opposite the Rajasthan Canal Board's Office, for a sum of Rs. 16,000/ - by a registered deed, dated July 23, 1965.
(3.) ON September 28, 1966, the petitioner had applied to the Secretary, Urban Improvement Trust, Jaipur and the Municipal Commissioner, Jaipur for permission to construct a boundary wall, a garage and a Chowkidar's room. Thereafter the petitioner had applied in the year 1972, for permission to construct a residential house. But not such sanction had been accorded. Not only this, but a constructed house on the adjoining plot had been got demolished by the Urban Improvement Trust, Jaipur, on the ground that the petitioner's predecessor -in -interest had no right to the said land.;