- (1.) THE undisputed facts are that the petitioners are the members of Jawaharpuri Grah Nirman Sahakari Samiti (hereinafter referred to as "the Samiti") and they have filed this writ petition in representative capacity as the members of the Samiti which is a registered Housing Society.
(2.) THE case of the petitioners is that the petitioner-Samiti entered into an agreement of sale dt. 31. 7. 1981 with the khatedara of the land in dispute. Urban Improvement Trust Jaipur (hereinafter referred to as "the UIT") sought to acquire the land in dispute for planned development of Jaipur City by issuing a notice under Sec. 52 (2) of the Urban Improvement Trust Act, 1959 (hereinafter referred to as "the Act of 1959" ). Pursuant to this, khatedara of the land raised objections but the acquisition proceedings had come to an end. THEreafter, the land in dispute was demarcated for the "residential colony" known as Sriram Colony, Tonk Road, Jaipur, plan of which was submitted to the Additional Collector, JDA for Land Conversion who in turn forwarded the matter to the JDA for approval. In compliance of the layout plan some of the members deposited conversion charges. However, the matter for regularisation of the said land was pending for necessary approval of the JDA. Thereafter, the State Govt. issued notification dt. 10. 1. 1990 (Annexure-3) under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894") for acquisition of the said land to which, khatedara of the land raised objections. Hence, the respondents issued a notification on 4. 1. 1991 (Annexure-4) under Sec. 17 (4) of the Act of 1894 whereby the proceedings under Sec. 5a of the Act of 1894 were dispensed with and notification under Sec. 6 of the Act was issued. Feeling aggrieved against the impugned notification issued by the respondents under Sec. 6 of the Act of 1894, the Khatedars of the land in dispute filed a petition before this Court bearing SBCWP No. 5561/1991 (Ramavtar vs. State & Ors.) wherein, this Court directed the parties to maintain status-quo. Thereafter, the State Govt. had taken policy decision vide order dt. 24. 3. 1994 (Annexure-5) and issued a circular to regularise the land in dispute; to which Housing Society entered into an agreement to sale on 31. 7. 1981 and deposited the partial conversion charge vide Annex.-2 dt. 13. 4. 82 for regularisation of the land in their favour. In pursuance of the above Policy decision of the State Govt. taken vide Circular dt. 24. 3. 1994, the JDA asked the petitioner Samiti to furnish the documents pertaining to agreement to sale and in compliance of which the petitioners furnished the requisite documents alongwith the receipt indicating the deposit of conversion charges. When the respondents did not take any further action in the matter, the petitioners submitted a representation to the JDA requesting it to regularise the scheme pursuant to the State Government's Policy mentioning therein that the members have constructed their boundary walls and some of them have started residing by constructing their houses alongwith their families. In the meanwhile, in order to fulfill the object of Master Plan, the JDA discussed the matter with the Chief Secretary, Govt. of Raj. for the purpose of construction of Link Road. Thereupon, the authorities perused the boundary walls and dwelling units. After discussion, the matter was placed in the meeting of Building Plan Committee of JDA on 22. 4. 1995 and it was decided to approve the scheme and possession of the land in dispute was to be taken no sooner the petition is withdrawn from the respective Court.
(3.) RAMAVTAR who was petitioner in SBCWP No. 5561/91 submitted an affidavit for withdrawal of the petition immediately after the scheme is approved. Thereafter, Meeting was convened at the instance of the respondent in which following decision was taken:- " (1) The Society will surrender the land to Jaipur Development Authority falling within the right of way of the proposed By-pass. The society will not claim any compensation for this surrender of this land for road. (2) The Director (Engg.), Jaipur Development Authority will immediately take up the construction work of the proposed road as per the alignments to be finalized by the Town Planning Wing of Jaipur Development Authority. (3) The Chief Engineer, Rajasthan Housing Board also agreed to provide all necessary help for the construction of the important By-pass so that there is a smooth flow of traffic from Mansarovar to Malviya Nagar, Tonk Road and Airport areas. (4) After considering the layout plan of the society scheme the Jaipur Development Authority will take the possession of the land falling within the right of way and the society will withdraw the court stay. " In view of the aforesaid decision taken in the meeting, it was decided to regularize the scheme and the construction over the by-pass was taken to be free of cost and thus, the Building Committee of the JDA in its meeting approved the plan. Thereafter, on the request of the Members of the Samiti (the petitioners & other persons) the JDA declared the programme for holding camp of Housing Society (Sriram Colony) and advertised the same in Rajasthan Patrika dt. 18. 6. 1995 (Ann. 16) for holding the camp on 22. 6. 1995. Pursuant to the above advertisement, the petitioners (Samiti) deposited the conversion charges. ;