MADAN, J. - (1.) THE case of the petitioner i. e. Ashapura Vikas Samiti for short the `samiti' is that it is a registered society under the provisions of the Registration of Societies Act, 1958. THE said Samiti has been formed by the members of the Anand Bhawan Nirman Sahakari Samiti Ltd. Jaipur i. e. respondent No. 5 having 237 members which was formed with a view to safeguard the interest of its members and for development of the colony. All the aforesaid members are having the residential plots in the scheme known as `ashapura Scheme' of respondent No. 5.
(2.) IT is further the case of the Samiti that it is in possession of the land in dispute and the patta thereof was also issued to its members by respondent No. 5 which fact is apparent from Schedule-A on the record. The Samiti is existing in Khasra Nos. 84 to 90, 124 min, 125 to 36, 137 min, 138 min, 139 to 143 and 151 to 154 in total measuring 48 Bighas 2 Biswas situated in village Bhojpura, Tehsil, Distt. Jaipur which is popularly known as `amroodon Ka Bagh'. The aforesaid plots were allotted to the members of the Samiti through Housing Cooperative Society known as Anand Bhawan Nirman Sahakari Samiti Ltd. which is also a duly registered Cooperative Society under the provisions of the Rajasthan Cooperative Societies Act, 1965 in the year 1975 and ever since they are in possession of the land in dispute. It is further the case of the petitioner Samiti that the said land was reserved by late His Highness Sawai Man Singh of erstwhile state of Jaipur for the construction of a Palace for Maharaj Kumar and thereafter this land was shown in the name of Maharaj Kumar Bhawani Singh by way of Parcha Settlement (vide Annexure-8) to the Additional Affidavit during the settlement operations of Samvat Year 2015 to 2034 and Khasra Girdawari had also been issued in his favour for the Samvat Year 2035 to 2038 showing his name in the revenue records as khatedar of the said land. Thereafter, on 3. 5. 1975 the said land was purchased by respondent No. 5, the Anand Bhawan Nirman Sahakari Samiti Ltd. , Jaipur from Col. Bhawani Singh through agreement of sale and possession of the same had also been taken over by the petitioner Samiti on the same day. The Samiti chalked out a plan for having construction of residential plots over the land in question in the name and style of Ashapura Scheme and for approval of which the Samiti filed an application before the JDA depositing conversion charges in part in due compliance of the requirements. On the said application the then Minister Incharge of the matter (Urban Development) vide order dt. 5. 6. 1989 (Annexure-5) permitted the petitioner-Samiti to raise the boundary wall around the land in question. One such circular was issued by the State Government on 1. 3. 1982, wherein a policy decision was taken to the effect that the Land Acquisition Officer will drop the land acquisition proceedings regarding the land in question and it was also decided that if the construction over the said land is in progress prior to 20. 8. 1981, such land should be de-acquired. However, with regard to the lands of Housing Cooperative Societies, the State Government vide its aforesaid order clarified that those Societies who had had purchased the agricultural land or even had entered into an agreement of sale simultaneously with the delivery of possession for allotment of plots to its members to construct residential houses, even if the land of the Samiti had not been utilised for construction of residential houses, still it will be released from purview of acquisition proceedings.
(3.) AS regards the acquisition of the proceedings of the land in question, it is the case of the petitioner that pursuant to the order dt. 15. 2. 1977 and 17. 9. 1988 and subsequent order dt. 23. 2. 1994 by which the acquisition proceedings were initiated against the petitioners under the relevant provisions of the Land Acquisition Act, 1994 stood dropped. Thereafter, on 18. 2. 1994, the State Govt. passed the order directing regularisation of the land of the plots of the scheme belonging to the petitioner Samiti but the benefits of regularisation were denied to the petitioner Samiti. On 22. 3. 1994, the JDA issued a notice which was duly published in Rajasthan Patrika in pursuance of the order dt. 18. 2. 94 regarding regularisation of the land forming part of the aforesaid scheme pertaining to the Samiti. In pursuance of the said order of the JDA, the petitioner Samiti deposited the requisite charges for regularisation of the land in question. On 27. 2. 1999, the State Govt. issued a circular fixing rates of the plots for conversion and regularisation and subsequently another order was issued by the State Govt. on 9. 3. 2000 to the same effect fixing the rates for conversion and from time to time orders dt. 24. 1. 2001 and 5. 2. 2001 were also issued to the same effect. Thereafter, on 21. 3. 1997, the Deputy Minister for Urban Development and Housing, Govt. of Rajasthan issued an order recommending for regularisation of the land belonging to the petitioner Samiti i. e. Ashapura Vikas Samiti but as nothing was done in this regard nor it was implemented, the petitioners were constrained to move this Court by way of this writ petition. ;