MADAN, J. - (1.) HEARD learned counsel for the parties.
(2.) IT is stated by the learned counsel for the petitioner that the land in question which is subject matter of acquisition pursuant to the impugned notification i. e. Annexure-14, Annexure- 15 & Annexure-16 issued by the State Govt. the petitioners have deposited the requisite conversation charges as demanded by the concerned Authority vide Annexure-10 dt. 5. 12. 1991 and which has been accepted by the State Government without any protest or demur. This fact has not been disputed by the learned counsel representing the State as well as the Urban Improvement Trust for short "the UIT' during the course of hearing. Now, the only question which arises for consideration is as to whether the land in question should not be regularised in favour of the petitioners in pursuance of the report of the Land Acquisition Officer dt. 28. 6. 1993 (Annexure-13)? It is stated by the learned counsel representing the Trust that the final order regarding the conversion charges is yet to be passed. In order to appreciate the contentions of the learned counsel for the parties, I would like to mention the provisions of Sub-Sec. 4 of Section 60 of Amended Act (Act No. 35 of 1959) i. e. Rajasthan Urban Improvement Act, 1959 which read, as under:- " (4) All lands which are deemed to have been placed at the disposal of the Trust under Section 90-B of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) upon resumption or surrender of tenancy rights and interest of khatedars thereof, as the case may be, shall be available for allotment or regularization preferably to the persons having possession over such land or part thereof, as the case may be, on the basis of allotment made or Patta given to them by the Housing Co-operative Society or on the basis of any other document of transfer of land to them either by tenant or any other person claiming through the tenant, whose tenancy rights have been resumed or surrendered, under the said provisions, on such terms and conditions and subject to payment to the Trust of such charges or premium or both, as the case may be, and at such rates as may be prescribed by the State Government in this behalf. " It has been stated by the learned counsel representing the petitioners during the course of hearing that during the pendency of the writ petition, a compromise was arrived at between the petitioners and respondent No. 2 & Chairman UIt on 26. 4. 1997 whereby, it was agreed between the parties that after the deposit of development and other charges, the UIt Sri Ganganagar will regularise the land in question which is in possession of petitioner No. 2 measuring 1. 5 biswas (184 sq. yards) situated in Killa No. 20 of Square No. 14/15 in Chak 3e Chhoti Sri Ganganagar and hand over the possession to petitioner No. 2 on 99 years' lease. Copy of the document to the said effect which has been produced by the learned counsel for the petitioners during the course of hearing is directed to be taken on record. As a natural corollary what emerges from above discussion is that once the regularisation charges have been accepted by the respondents in pursuance of compromise arrived at between the parties, there appears to be little or no justification for the respondents not to consider the petitioners' case and after acceptance of the same, necessary orders should have been passed, regularising the petitioners' land in accordance with law and rules governing the same under due intimation to the petitioners. But this recourse was unfortunately not adopted by the Authority.
(3.) THE State Govt. is accordingly directed to regularise the land of the petitioners measuring 3 Biswas situated in Killa No. 2 of square No. 15 (old)/14 (New) of Chak (3e Chhoti, Sri Ganganagar by passing necessary orders in this regard within a period of eight weeks from the date of receipt of certified copy of this order. THE Trust shall also pass necessary orders in this regard within a period of two weeks thereafter. With the above observations, the writ petition is partly allowed and stands disposed of. .;