- (1.) The writ petition raises the question of validity of the land allotted to the Rajasthan State Haj Committee vide orders dated 20.10.2004 and 30.11.2005 as well as lease agreement dated 06.01.2006 for establishment of Haj House for providing facilities to the pilgrims undertaking journey to Makka Madina for Haj. Petitioner has averred in the petition that he is resident of Jaipur. He is a businessman and public spirited person. He is questioning allotment of the land to the Rajasthan State Haj Committee which according to him is made without following due process of law. The land allotted to Rajasthan State Haj Committee is pasture land. Thus, it could not have been allotted by the State Government and the Jaipur Development Authority (hereinafter referred to as 'the JDA'). The allotment was made by order dated 20.10.2004 issued by the Deputy Commissioner, Zone-8, JDA and order dated 30.11.2005 issued by the Deputy Secretary, Urban Development & Housing Department, Government of Rajasthan, Jaipur. The lease deed was executed on 06.01.2006 by the JDA in favour of the Rajasthan State Haj Committee. The Rajasthan State Haj Committee is constituted under the provisions of the Haj Committee Act, 2002 (hereinafter referred to as 'the Act of 2002') and the Rules have been framed thereunder by the State Government. The land ad-measuring 5 bighas comprised in Survey No.157 situated at village Ramsingpura Bas, Tehsil Sanganer, District Jaipur has been allotted to the Rajasthan State Haj Committee. It is also averred that the land worth crores of rupees has been allotted on token price of Rs.1/- without inviting applications and the pasture land could not be allotted for the purpose of construction of Haj House.
(2.) It is also averred in the petition that earlier in 2003, one bigha land was allotted to the Rajasthan State Haj Committee for the purpose of construction/establishment of Haj House (Centre for Muslim Pilgrims) near 'Karbala', Jal Mahal, Jaipur and the then Chief Minister of State of Rajasthan has laid the foundation stone. Thereafter, fresh elections were held and another party came into power and has allotted 5 bighas of the land to the Rajasthan State Haj Committee. Initially the allotment was proposed at the rate of Rs.1,000 per square meter as mentioned in the order dated 20.10.2004 issued by the Deputy Commissioner, Zone-8, JDA filed as Annexure-1 to the writ petition. Thereafter the proposal was modified on 06.09.2005 and the land ad-measuring 2 bighas was proposed to be allotted free of charge and 3 bighas of land at the reserved rate for institutions. Thereafter, the Deputy Commissioner, Zone-8, JDA issued order dated 17.09.2005 directed deposit of 'Nazrana' amount. On 30.11.2005, the Deputy Secretary, Urban Development & Housing Department communicated approval of the State Government to the Secretary, JDA to allot the aforesaid 5 bighas of land on token price of Rs.1/- on lease for a period of 99 years. Thereafter, lease deed was executed on 06.01.2006.
(3.) It is submitted that pasture land could not have been allotted in view of the provisions contained in the Rajasthan Panchayati Raj Act, 1994 and the Rules 169 & 170 of the Rajasthan Panchayati Raj Rules, 1996. The JDA has not followed due process for allotment of the State largesse while making the allotment of land to the Haj Committee. The nature of the pasture land cannot be changed for construction of the Haj House, as such, lease has been illegally granted.;