- (1.) WE have before us 37 Special Appeals and one writ petition .e. 38 matters in all. 37 special appeals filed under Section 18 of the Rajasthan High Court Ordinance, 1949 arise out of the common judgment and order dated 25.4.2000 whereby the learned Single Judge decided 17 writ petitions in all.
(2.) OUT of these 38 matters in all, 16 appeals at serial No.1 to 6 (6 in number) i.e. DBCSAW No.696/2000, 294/2001, 293/2001, 246/2001, 247/2001, 248/2001; the appeals at 12 to 19 (8 in number) i.e. 317/2001, 318/2001, 313/2001, 311/2001, 316/2001, 312/2001, 208/2001, 310/2001; the appeals at S.No.34 and 36 (2 in number) i.e. 519/2001 and 766/2001 have been filed by he State of Rajasthan; 17 appeals at serial No.8 to 10 (3 in number), 20 to 32 and 37 (14 in number) i.e. 674/2000, 869/2000, 667/2000, 01810/2001, 02191/2001, 02190/2001, 02432/2001, 01860/2000, 01859/2000, 01858/2000, 01857/2000, 01954/2000, 01848/2000, 01844/2000, 01842/2000, 01841/2000, 0769/2002 have been jointly filed by the Rajasthan Housing Board and Commissioner Avas Vikas Sansthan; Rest of the five matters i.e. appeal at Serial No.7 i.e. 890/2000 has been filed by Shri Brijesh Kumar Goyal, writ petition at No.11 i.e. 6800/99 by Shri R.K. Saini, appeal at No.33 i.e. 248/2002 by one Shri Narendra Kumar Sharma, appeal at No.35 i.e. 293/2002 by Shri Anil Trivedi & Ors. and appeal at No.38 i.e. 315/2002 by Avas Vikas Sansthan Engineering Association. The Civil Writ Petition No.6800/99 has been listed alongwith these appeals because it has been a writ petition with regard to the same controversy and is to be heard with these appeals in terms of the order dated 30.11.2000 passed by the Division Bench in D.B. Civil Special Appeal No.890/2000 arising out of S.B. Civil Writ Petition No.6584/94. This order dated 30.11.2000 is quoted as under:- 30.11.2000 HON'BLE MR.JUSTICE ARUN MADAN HON'BLE MR.JUSTICE K.S. RATHORE Mr.Dinesh Yadav, for the Petitioner This matter be listed after showing the name of Shri R.N. Mathur, representing learned counsel for the respondents, alongwith connected matters viz. S.B. Civil Writ Petition No.1043/2000 (Naseer Khan vs. State) and S.B. Civil Writ Petition No.6800/99 (R.K. Saini vs. State), tomorrow i.e. on 01.12.2000. sd/-sd/- (K.S. Rathore),J.(Arun Madan),J. Whereas all the 37 appeals arise out of the common judgment and order dated 25.4.2000 and subject matter of the writ petition No.6800/99 is the same as an individual in these matters and the Division Bench by its order dated 30.11.2000 has directed this matter to be heard alongwith these matters, we propose to decide all these 37 appeals and the writ petition No.6800/99 by this common judgment and order as under:- For the purpose of deciding these appeals, we will refer to the pleadings and documents from the writ petition No.1750/99 out of which D.B. Civil Special Appeal No.696/2000 has arisen and as has been filed by the State of Rajasthan and Special Appeal No.315/2002 which has been filed by he Avas Vikas Sansthan Engineers Association. For the purpose of questions which are common to all the cases, ofcourse, the reference will be made to the cases which are in the different groups with their down features. The writ petition No.1750/99 was filed by Avas Vikas Sansthan Engineers Association and 31 others on 03.04.99. The petitioner association came with the case that it is an association of Engineers who have been working in Avas Vikas Sansthan, Jaipur to be hereinafter referred as AVS and the petitioners No.2 to 31 are the other persons whose interest is common and who are also individually aggrieved. That in the year 1988, the Government of India, Ministry of Urban Development sent a letter dated 12.8.1988 to the Chief Secretaries of all the Centrally Sponsored Scheme for setting up of Building Centres - Guidelines. This letter dated 12.8.1988 is on record as Annexure- 9 with the rejoinder dated 13.3.2000 filed on 14.3.2000. The National Housing Policy which was placed before the Parliament of India and it was recommended to establish building centres in different parts of the country and for that purpose, the decision/guidelines as contained in this letter dated 13.8.1988 were circulated. The State of Rajasthan accordingly issued the directions to the Rajasthan Housing Board to implement this Centrally Sponsored Scheme for establishment of building centres. Accordingly, the Rajasthan Housing Board, Jaipur issued an office order dated 13.6.1989. The contents of this order show that the Rajasthan Housing Board decided to establish the society in the name and style of Avas Vikas Sansthan i.e. AVS. The Rajasthan Housing Board in its 139th meeting dated 9.3.1988 had contemplated that for this purpose, the society be formed in the name of `Shilpi Sansthan' as per Annexure-1 filed with the petition. The office order dated 13.6.1989 (Annex.2) with the petition provides that the land of 3 acre each be given for the building centres at Mansarover and Sanganer, Jaipur without any charges and at rest of the six districts i.e. Ajmer, Udaipur, Bikaner, Bhilwara, Kota and Alwar the land be reserved for 3 acre each for the building centres. The Rajasthan Housing Board in collaboration with Housing Urban Development Corporation formulated a scheme and passed the resolution as above and the AVS thus came to be registered as a society with the Registrar of Societies on November 17, 1988. The said society was formed by the Rajasthan Housing Board as per its objectives given in the memorandum. With the further mention that in case of dissolution of this society, the assets of the society after satisfaction of debts and liability were to be dealt in the manner determined by the Rajasthan Housing Board, Jaipur and thus, the society registered in the name of AVS was created as an unit and agency of Rajasthan Housing Board to carry out the national policy as above through the Centrally Sponsored Scheme. Rajasthan Housing Board is a statutory body constituted under Section 54 of the Rajasthan Housing Board Act, 1970 with the sole object of consent manner. The AVS is in the nature of agency of the Rajasthan Housing Board and Urban Development Corporation with the aims and objects of framing schemes for establishing a network of building centres in the State of Rajasthan for transfer of low cost building technology and skill upgradation of persons engaged in constitution of the building.
(3.) IT is the case of the petitioners that the Chairman of the Rajasthan Housing Board is the Ex-officio Chairman of the Sansthan (AVS) and the Managing Director of the sansthan is the Chief Engineer of the Board. Other technical staff has also been taken from the board on deputation for the purpose of imparting training inconstruction works undertaken by the Sansthan. The funds of the Sansthan have also been collected from the grant and contribution from the Government of Rajasthan, Central Government and the major portion of which has been granted by the Rajasthan Housing Board, Jaipur as envisaged under Regulation No.12 and Regulation No.17 provides that possession of the assets of the society, after satisfaction of all debts and liabilities shall be dealt in the manner determined by the Rajasthan Housing Board. The Rajasthan Housing Board Act of 1970 provide for measures to be taken to deal with the satisfy the need of housing, accommodation in the State of Rajasthan. An order dated 16/17.3.89 had already been issued by the Deputy Secretary to the Government Department of Urban Development Housing, wherein the administrative sanction of State Government was conveyed for establishment of building centres at 8 different places by way of addressing the letter to the Housing Commissioner, Rajasthan Housing Board, Jaipur which has been placed on record as Annexure-3 with the petition. The petitioner has stated that the Rajasthan Housing Board in its 147th meeting took the following decisions:- (i) The expenditure of Secretary of Avas Vikas Sansthan were to be borne by Rajasthan Housing Board. (ii) The land required for building centres at Avas Vikas Sansthan were to be made available by Rajasthan Housing Board free of cost. (iii) The financial aid was to be given by the Rajasthan Housing Board to the Avas Vikas Sansthan. (iv) The appointment of two directors of two building centres initially at Jaipur by the Rajasthan Housing Board. It has been stated that establishment of the building centres through Avas Vikas Sansthan is basically and primarily the function of Rajasthan Housing board, which function the Rajasthan Housing Board is to perform through the agency of Avas Vikas Sansthan, i.e. a society registered under the Societies Registration Act. Initially employees of the Rajasthan Housing Board were sent on deputation to Avas Vikas Sansthan and till its dissolution such employees from Rajasthan Housing Board were on deputation. ;