Mohammad Rafiq, J. - (1.) This writ petition has been filed by petitioner Taruchaya Nagar Ramaram Vikas Samiti Jaipur through its Secretary Dr. Kavita Sharma, inter alia with prayer that respondents be directed to regularise their possession of land/plots in question belongs to the members of the petitioner Taruchaya Nagar Ramaram Vikas Samiti Jaipur (hereinafter shall be referred to as 'the petitioner samiti'), and further the respondents be directed to give all benefits to the members of the petitioner Samiti as per the circulars dated 18.02.1994 and 10.07.1999. The petitioner Samiti is shown to have been registered as a charitable society under the Rajasthan Societies Registration Act, 1958. The petitioner Samiti has been formed by the members of Subhash Sindhi Cooperative Housing Society Limited, Jaipur, to safeguard the interest of its members and for the development of the colony. All members of petitioner Samiti were allotted plots in the scheme known as Taruchaya Nagar by Subhash Sindhi Cooperative Housing Society Limited (hereinafter shall be referred to as 'the housing society').
(2.) Dispute herein pertains to the land, which was acquired for industrial purpose by the State Government pursuant to Government notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act of 1894'), dated 04.02.1991. Further notification under Section 6 of the Act of 1894, was issued on 27.03.1992 and award of acquisition was passed on 18.09.1994 and 08.11.1994 for acquisition of the land. Upon the challenge to the aforesaid acquisition notification made by the land owners, the Single Bench of this court vide judgment dated 25.01.2007 in Writ Petition No.3732/1996 - Ratan Kumar Sharma v. The State of Rajasthan and Others , and Writ Petition No.3394/1996 - Mahesh Sharma and Others v. The State of Rajasthan and Others , upheld the acquisition and dismissed the writ petitions. It was thereafter that Special Appeals No.342/2007 and 343/2007 were filed challenging the aforesaid judgment of the Single Bench. The Division Bench vide judgment dated 11.08.2011 dismissed the appeals. An argument was raised before the Division Bench on behalf of the plot holders that even after upholding the acquisition, it should be left open to the State to regularise certain plots in favour of plot holders. The Division Bench after considering the said argument, rejected the same observing that "we have no hesitation in rejecting the submission. The Government cannot enter into such misadventure." Original writ petitioners and some of plot holders then filed Review Petitions before the Division Bench contending that the question of regularisation may be left open. The review petitions were dismissed vide common judgment dated 05.01.2012. It was thereafter that the judgments/orders of the division bench in Special Appeals and Review Petitions were subjected to challenge before the Supreme Court by filing Petitions for Special Leave to Appeal (Civil) CC 8249-8250/2012. The Supreme Court, vide judgment dated 09.05.2012 dismissed the Special Leave to Appeals.
(3.) Shri Bajrang Lal Sharma, learned senior counsel appearing on behalf of petitioner samiti, argued that the members of the petitioner samiti holds their plots in the aforesaid scheme existing in Khasra nos. 232, 243/302, 233/301, 244, 245 and 246 measuring 61 bigha and 12 biswa of the land. The scheme consist of about 300 plots. The Central Government as well as the State Government have been encouraging formating of housing cooperative societies with a view to providing land/houses to the needy persons at the reasonable rates. The State Government took a policy decision way back in the year 1969 to convert the agriculture land for residential purpose. The State Government in 1981 frame Rules known as Rajasthan Land Reforms (Allotment, Conversion and Regularisation of the Agricultural Land for Residential Purposes in Urban Areas) Rules, 1981 (for short, 'the Rules of 1981'). The Government then in order to clarify its intention for speedy conversion and regularisation and for finalisation of the cases in this behalf, issued a circular on 01.03.1982 providing that land acquisition proceedings in regard to land indicated in the said circular, shall stand withdrawn and possession of such citizens, who have either constructed or are in process of constructing the houses prior to 21.08.1981, shall be regularised and the land shall be deacquired. The housing society, in present case, purchased the land in dispute vide agreement to sell dated 15.04.1975 from its owners. It deposited a sum of Rs. 3,44,590.76 as conversion charges with Additional Collector (South), Agricultural Land Conversion, Jaipur, much before 31.05.1982, who, vide letter dated 13.08.1986, forwarded the statement of deposited amount to the Senior Town Planner, Jaipur Development Authority Jaipur. Development Charges of Rs. 5,77,143.33 were also deposited by the members of the petitioner samiti with the Jaipur development Authority, on various dated upto 01.09.1995. The State Government vide communication circulated by Deputy Secretary, urban Development Housing Department on 31.12.1983, conveyed to RIICO that it was not suitable to set up an industrial area near village Durgapura. Building Plan Committee of the Jaipur Development Authority, in its meeting held on 14.06.1989 recommended approval of the scheme no. 23 of the housing society, to Collector, Jaipur.;