- (1.) THESE two appeals are directed against the order dated January 10, 2003 of the learned Single Judge rendered in SB Civil Writ Petitions Nos. 8191/2002 & 8184/2002, to the extent the notification dated July 10, 2002, Annexure-3 to the writ petition, issued under Section 4 of the Land Acquisition Act, 1894 (for short "the LA Act"), has been upheld.
(2.) THE brief facts leading to the filing of these two appeals are as follows: On July 10, 2002, twenty feet wide strip of land on either side of Bhawani Singh Road between Indira Circle and Ram Bagh Circle for the purposes of widening the road was notified by the State under Section 4 of the LA Act. THE Notification was published in the Official Gazette. It was also published on July 27, 2002 in two daily newspapers, having circulation in the locality. Besides, on August 29, 2002, the District Collector, Jaipur caused public notice of the substance of the Notification in the locality Pursuant to the Notification under Section 4 of the LA Act, persons interested in the land including the appellant submitted their objections to the Land Acquisition Officer (Collector) on August 21, 2002. By a notice dated September 16, 2002 (Annexure-6 to the writ petition), the Land Acquisition Officer (Collector) invited persons interested in the land to produce oral or documentary evidence in support of their objections. For those persons interested in the land, who had not availed of the earlier opportunity to file objections, the notice invited them to file objections to the acquisition under Section 4 of the LA Act by October 16, 2002. While inquiry under Section 5-A of the LA Act was pending, a Notification under Section 17(4) of the LA Act was issued on November 02, 2002 (Annexure-8 to the writ petition) dispensing with the provision of Section 5-A of the LA Act in view of the urgency for the acquisition of the land. THEreafter on November 03, 2002, the Land Acquisition Officer (Collector) issued a notice under Section 9 of the LA Act whereby the Government expressed its intention to take possession of the land and required the persons having interest therein to prefer their claims for compensation. THE appellants being aggrieved by the issuance of the notifications under Section-4 and Section 17(4) of the LA Act in respect of the land in question, challenged the acquisition proceedings on various grounds. THE learned Single Judge by his judgment & order dated January 10, 2003, partially allowed the writ petition and quashed the Notification dated November 02, 2002 (Annexure-8 to the writ petition), issued under Section 17(4) of the LA Act. At the same time, the learned Single Judge rejected the challenge to the notification dated July 10, 2002 of the State Government issued under Section 4 of the LA Act and gave liberty to the State to continue the inquiry under Section 5-A of the LA Act was inter alia based on the contention that the land acquisition proceedings were initiated by the Appropriate Government at the instance of the Jaipur Development Authority (for short "JDA"), which was not competent to deal with the public street/road and it was the Jaipur Municipal Corporation (for short "Municipal Corporation"), which was empowered under Article 243 W of the Constitution of India, read with Section 82 of the Rajasthan Municipalities Act, 1959 (hereinafter to be referred as "the RM Act") to initiate proceedings for acquisition of land for construction of roads within the municipal areas. Since the Municipal Corporation had not felt the necessity to widen the road in question and had not requested the State to acquire the land, the initiation of proceedings for acquisition of the land were illegal. Another challenge, which was mounted by the appellants on the allegation that no survey was undertaken by the state with regard to the question of necessity for widening of the road, was rejected by the learned Single Judge. Since the acquisition proceedings as a whole were not quashed by the learned Single Judge, the appellants have filed the instant appeals seeking setting aside of the impugned order of the learned Single Judge to the extent the aforesaid pleas of the appellants were negatived by the learned Single Judge and the notification under Section 4 of the LA Act was held to be valid. The learned counsel appearing for the appellants submitted that after the insertion of Part IXA in the Constitution by the Constitution (Seventy forth) Amendment Act, 1992, the JDA has ceased to be possessed of the powers and duties in respect of the matter, which are entrusted to the Municipal Corporation. The learned counsel drew our attention to Articles 243 P to 243 ZG in general and Article 243 W and the Twelfth Schedule in particular. Reading Article 243 W with entry 4 of the Twelfth Schedule learned counsel contended that acquisition of land for the widening of the road could be undertaken by the State only at the instance and on behalf of the Municipal Corporation. According to the learned counsel, the State legislature pursuant to the provisions of Article 243 W has entrusted all matters relating to public streets including construction of roads and widening thereof etc., to the Municipal Corporation. In their endeavour to support this submission, they made reference to various provisions of the RM Act. It was pointed out that under Section 12 of the RM Act the municipal government of a municipality vests in the municipal board established under the RM Act and it stands charged with the duty to carry out the provisions of the RM Act subject to the limitations and restrictions specified therein. Our attention was also drawn to Clause (j) of Section 98 of the RM Act according to which board is required to make reasonable provision for several matters within the municipality under its authority including construction, alteration and maintenance of public streets. The learned counsel also referred to Section 101 of the RM Act and submitted that it is there board, which is required to consider the question of acquisition of land for laying out public streets. Drawing on the provisions of section 161 of the RM Act they maintained that it is only the board, which can lay out and made new public streets. Alluding to Section 165 of the RM Act, the learned counsel for the appellants canvassed that it is the board, which can prescribe a line on either side or both sides of the public street within the municipality and it is also authorized to prescribe a fresh line in substitution of any line so prescribed. On the basis of Article 243 W and the aforesaid provisions of the RM Act, the learned counsel vehemently contended that the maintaining and widening of streets is under the sole power and discretion of the municipal board and no other local body can be entrusted with such powers. As a sequitur it was submitted that the State Government could acquire land for widening of the streets only at the request of the Municipal Corporation. The learned counsel pointed out that since the Notification under Section 4 of the LA Act was not issued at the request of the Municipal Corporation, the same stands vitiated. Relying on the provisions of Section 82 of the RM Act it was submitted that when any land, whether within or without the limits of the municipality, is required for the purposes of the RM Act, the State Government can proceed to acquire the land under the provisions of the Rajasthan Land Acquisition Act, 1953 only at the request of and on behalf of the municipal board and no payment of the compensation in connection with such acquisition by the municipal board to the State Government. Dealing with Section 4 of the LA Act the learned counsel for the appellants submitted that the provision does not confer arbitrary powers on the government to acquire the land whenever it appears to it that land is needed to likely to be needed for any public purpose. It was contended that the word "appear" is of great significance. according to the learned counsel, the State Government will not act in vacuum but will act only when it is requested by a person or body that is empowered to make a demand for acquisition of land. On the demand/request being made by the authority competent to require the State to acquire the land, the latter will apply its mind and when it appears to it that the land is required for a public purpose, will issue the Notification under Section 4 of the LA Act. It was further submitted that since it is the Municipal Corporation which has been empowered to make a demand/request to the State to acquire the land for construction or widening of a public street, the State Government cannot act to acquire the land at the request of some other authority. It was also pointed out that when a statute requires a particular act to be performed in a certain way, it must be performed in that way or not at all. Expanding on the submission it was urged that as the RM Act provides a complete code for widening/construction of a public street and for making regular line thereof, the widening of the public street must be carried out in the manner so provided and not at the request of the JDA which has nothing to do with the widening of a public street as its jurisdiction with regard thereto is ousted by Part IXA of the Constitution and the RM Act. It was contended that in any event, there is no provision in the Jaipur Development Authority Act, 1982 (for short hereinafter "JDA Act") similar to the provisions of the RM Act which provides for construction/alteration/widening of the streets and prescribe the regular line of houses. It was also submitted that the LA Act is a general law dealing with acquisition, while the RM Act is a special law and, therefore, the latter would govern the matter relating to acquisition of land for widening of a public street. Lastly, it was submitted that the State Government before issuing Notification under Section 4 of the LA Act did not make any survey as to whether or not the street was required to be widened. It was canvassed that the widening of the street was not required as there was no congestion of traffic between Ram Bagh Circle and Indira Circle. It was contended that the decision of State Government to acquire the land suffers from non-application of mind and is a mala fide one.
(3.) THE core question for determination is whether the notification issued under Section 4 of the LA Act could be issued by the State only at the instance of the Corporation and not otherwise. Each of the learned counsel for the parties has highlighted some or the other provisions of Part IX-A of the Constitution, inserted by Constitution (Seventy-fourth) Amendment Act, 1992, the JDA Act and the RM Act in their bid to search for the answer to the vexed question involved in the appeals. THEse provisions need to be put together at one place to make them easily accessible for facility of immediate reference. We, therefore, deem it appropriate to set out the provisions referred to by the learned counsel for the parties. PART IXA of the Constitution The Municipalities "243. Definitions.-xxx (a) xxx (b) xxx (c)"Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be Metropolitan area for the purposes of this Part. (d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor; (e) "Municipality" means an institution of self- government constituted under article 243Q; 243Q. Constitution of Municipalities. - (1) There shall be constituted in every State- (a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area; (b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part: Provided xxx (2) xxx 243R. Composition of Municipalities. - (1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as words. 243S. Constitution and composition of Wards Committees, etc.- xxx 243T. Reservation of seats. - xxx 243U. Duration of Municipalities, etc. xxx 243V. Disqualification for membership. - xxx 243W. Powers, authority and responsibilities of Municipalities, etc. - Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow- (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to- (i) the preparation of plans for economic development and social justice. (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule; (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule. Addition of Twelfth Schedule (Article 243W) 1. Urban Planning including town planning. 2. Regulation of land-use and construction of buildings. 3. Planning for economic and social development. 4. Roads and bridges. 5. Water supply for domestic, industrial and, commercial purposes. 6. Public health, sanitation conservancy and solid waste management. 7. Fire services. 8. Urban forestry protection of the environment and promotion of ecological aspects. 9. Safeguarding the interests of weaker sections of society including the handicapped and mentally retarded. 10. Slum improvement and upgradation. 11. Urban poverty alleviation. 12. Provisions of urban amenities and facilities such as parts, gardens, play-grounds. 13. Promotion of cultural, educational and aesthetic aspects. 14. Burials and burial grounds, cremations, cremation grounds and electric crematoriums. 15. Cattle ponds; prevention of cruelty to animals. 16. Vital statistics including registration of births and deaths.1 17. Public amenities including street lighting, parking lots, bus stops and public conveniences. 18. Regulation of slaughter houses and tanneries. 243X. Power to impose taxes by and Funds of, the Municipalities.- xxx 243Y. Finance Commission. - xxx 243Z. Audit of accounts of Municipalities- xxx 243ZA. Elections to the Municipalities.-xxx 243ZB. Application to Union territories. - xxx 243ZC. Part not to apply to certain areas-. (1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause(1), and the tribal areas referred to in clause(2), of article 224. (2). Nothing in this part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal. (3). Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368. 243ZD. Committee for district planning-(1):- There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) xxx (3) xxx (4) xxx 243ZE. Committee for Metropolitan planning.(1) There shall be constituted in every Metropolitan area a Metropolitan Planning committee to prepare a draft development plan for the Metropolitan area as a whole. (2) xxx (3) Every Metropolitan Planning Committee shall, in preparing the draft development plan- (a) have regard to- (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the Government of the State; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise. (b) consult such institutions and organizations as the Governor may, by order, specify. (4). The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State. 243ZF. Continuance of existing laws and Municipalities.- Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-forth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one years from such commencement, whichever is earlier. Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to the affect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. 243ZG. Bar to interference by courts in electoral mattes.-xxx The relevant provisions of the Rajasthan Municipalities Act, 1959 73A. Constitution of Wards Committee-(1) Where the population of a city is three lakhs or more, there shall be constituted by the Board, Wards Committees consisting of one or more wards within the territorial area of the municipality. (2) Each Wards Committee shall consist of- (a) members of the board representing the wards within the territorial area of the Wards Committee, and (b) such other member, not exceeding five who are not less than 25 years of age and who have special knowledge or experience in municipal administration to be nominated by the Board. Provided that a person shall be disqualified for being nominated, and for being a member of the Wards Committee, if under the provisions of this Act or any other law for the time being in force, he would be disqualified for being elected as, and for being, a member. Provided further that a person nominated under this clause shall not have the right to vote in the meetings of the Wards Committee. (3) Where a Wards Committee consists of one wards, the member representing that ward in the municipality shall be the Chairperson of the Committee. (4)(a) The Wards Committee shall at its first meeting after its constitution under sub-section (1) and at its first meeting in the same months in each succeeding year shall elect where the Wards Committee consists of two or more wards, one of the members representing such wards in the municipality to be the Chairperson of the Committee. (b) The Chairperson shall hold office until his successor has been elected and shall be eligible for re-election. (5) The Chairperson shall vacate office as soon as he ceases to be a member. (6) In the event of the office of the Chairperson falling vacant before the expiry of him term, the Wards Committee shall, as soon as conveniently may be after the occurrence of the vacancy, elect new Chairperson in accordance with sub-section (4): Provided that a Chairperson so elected shall hold office so long only as the person in whole place he is elected would have held if if such vacancy had not occurred. (7) The duration of the Wards Committee shall be co- extensive with the duration of the municipality. (8) The Board shall by order define the functions and duties of the Wards Committee, the territorial area of such committees and the procedure to be adopted by such committee for transaction of its business. (9) The provisions of Section 76 and 77 shall apply in relation to a Wards Committee as they apply to other committees. 73B. Committee for Metropolitan Planning-(1) There shall be constituted in every Metropolitan Area a Metropolitan Planning Committee hereinafter in this section referred to "as the Committee" to prepare a draft development plan for the Metropolitan Area as a whole. (2) The Committee shall consists of such number of members as may be fixed by the State Government from time to time by notification in the Official Gazette. (3) In so fixing the total number of members of the Committee, the State Government shall specify the number respectively of the nominated members and elected members. Provided that not less than two thirds of the members of such committee shall be elected by, and from amongst, the elected members of the municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the municipal areas and of the panchayats in that area. (4) The elected member shall be chosen in such manner as may be prescribed. (5) The nominated members may consist of- (a) person representing the Government of India; (b) person representing the State Government; and (c) persons representing such Organisations and Institutions as may be deemed necessary by the State Government. (6) The nomination of the persons referred to in sub-section (5) shall be made by the State Government, subject, however, to the condition that in case of persons representing Government of India or any Central Government Organisation or Institution prior concurrence of Government of India shall be obtained. (7) The nomination may be made in person or by virtue of the office persons hold under the Central Government or State Government or in the Organisations and Institutions aforesaid. (8) The Committee shall have- (i) the functions relating to planning and co-ordination for the Metropolitan area which may be assigned to it by the State Government, and (ii) Powers and functions as may be conferred on or delegated or entrusted to it by the State Government for carrying out the purposes of this Chapter. (9) The Chairperson of such Committee shall be chosen by the elected members from amongst themselves. (10) Every Metropolitan Committee shall in preparing the draft development plan have regard to- (i) the plans prepared by the municipalities and the panchayats in the Metropolitan area; (ii) matters of common interest between the municipalities and the panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the State Government; and (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the State Government and other available resources whether financial or otherwise. (11) The Chairpersons of every Metropolitan Committee shall forward the development plan, as recommended by such Committee, to the State Government. Explanation.- For the purposes of this section, or those of section 73-C the term "Metropolitan Area" and "Panchayat" shall have the meanings respectively assigned to them in article 243P of the Constitution of India. 73-C. Committee for District Planning-A District Planning Committee constituted under the provisions of Section 121 of the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994) shall be deemed to be the Committee constituted under Article 243ZD of the Constitution of India. 82. Acquisition of land.- When any land or right in land whether within or without the limits of the municipality, is required for the purpose of this Act, the State Government may, at the request and on behalf of the board, proceed to acquire it under the provisions of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act XXIV of 1953) and on payment by the board to the State Government of the compensation awarded thereunder and of other charges incurred by the State Government in connection with such acquisition, the land or right, as the case may be, shall vest in the board. 92. Power to acquire and hold property.-(1) Every board may acquire and hold property both movable and immovable whether within or without the limits of the municipality. (2) All property of the nature hereinafter in this sections specified and not being specially reserved by the State Government shall vest in and belong to the board, and shall together with all other property of whatsoever nature or kind not being specially reserved by the State Government, which may become vested in the board, be under its direction, management and control, and shall be held and applied by it as trustee subject to the provisions and for the purposes of this Act, that is to say- xxx (f) all public streets and the pavements, stones and other materials thereof, and also all trees, erections, materials, implements and this provided for such streets; and xxx 98. Duties of boards,- It shall be the duty of every board to make reasonable provision for the following matters within the municipality under its authority, namely:- ....... ........ ....... ....... ........ ....... (j) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughter-houses, drains, sewers, drainage-words, sewerage-words, baths, washing places, drinking fountains, tanks, wells, dams and the like; 101. Secondary powers of expenditure of board.- Boards may, at their discretion, provide out of the municipal property and fund, either wholly or party, for- (a) laying out, whether in areas previously built upon or not, new public streets and acquiring land for that purpose, including land requisite for the construction of building or cartilages there of, to about on such streets; xxx (ww)(i) preparation of plans for economic development and social justice; 161. Powers regarding streets, etc.- (1) it shall be lawful for the board to lay out and make new public streets, and to construct tunnels and other words subsidiary to the same and to widen, open, enlarge or otherwise improve any such streets, and to turn, divert, discontinue or stop up any such streets, and, subject to the provisions of sub-section (2) of Section 80, to lease or sell any such land, theretofore used or acquired by the board for the purpose of such streets, as may not be required for any public streets or for any other purposes of this Act. (2) In laying out or making, or in turning, diverting, widening, opening, enlarging or otherwise improving any public street, the board may acquire, in addition to the land required for the carriage-way and foot-way and drains thereof, land necessary for the houses and buildings to form and said street, and subject to the provision contained in sub-section (2) of section 80, may sell and dispose of such additional land in perpetuity or on lease for a term or years, with such stipulations as to the class and description of houses or buildings to be erected thereon as it may think fit. 165. The regular line of public street-(1) Every board shall prescribe a line on either side or both sides of a public street within the municipality and may from time to time prescribe a fresh line in substitution of any line so prescribed or of any part thereof if the board thinks the prescribing of such fresh line to be necessary for the purpose of widening such public street or any part thereof: Provided that xxx (2) The line for the time being so prescribed shall be called the `regular line of the public street. (3) No person shall construct or reconstruct any portion of any building within the regular line of the public street. (4) xxx (5) Any person aggrieved by an order of the board under sub- section (4) may within thirty days from the date of such order, exclusive of the time requisite for obtaining a copy thereof, appeal to the Collector and the order of the appellate authority shall be final and shall not be liable to the called in question in any court. The relevant provisions of the Jaipur Development Act, 1982 Sec. 1 Short title, extent and commencement. - xxx Sec. 2 Definitions. (1) xxx (2) "amenities" includes roads, bridges, and other means of communication, transport, streets, open spaces, parks, recreational grounds, play grounds, water, gas and electric supply, and sources of energy, street lighting, sewerage, drainage, conservancy, public works and such other utilities, services and conveniences as the State Government in consultations with the Authority may, by Notification in the Official Gazette, specify to be an amenity for the purpose of this Act; xxx (5) "development" with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, or over, or under any land (including land under river, lake or any other water) or the making of any material change in any building or land or in the use of any building or land, and includes re-development and lay-out, and sub-division of any land and also the provision of amenities and projects and schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities, and `to develop' shall be construed accordingly; xxx (8) "Jaipur Region" means the areas in the limits of the city, towns, and village specified in Schedule-I. The State Government may, from time to time, in the Notification published in the Official Gazette, amend the Schedule by adding thereto or deleting therefrom any area specified in such notification; and thereupon the modified areas all be the Jaipur Region; (22) words and expressions used in this Act, but not defined herein, shall have the same meaning as assigned to them in the Rajasthan Urban improvement Act, 1959 (Raj. Act No. 35 of 1959) and the Rajasthan Municipalities Act, 1959 (Raj. Act No. 38 of 1959). Sec. 3 Establishment of the Jaipur Development Authority-(1) As soon as may be, after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish for the purposes of this Act an Authority to be called "the Jaipur Development Authority" (hereinafter referred to as "the Authority"). (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provision of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid. (3) The Authority shall be deemed to be a local authority within the meaning of the term "local authority" as defined in the Rajasthan General Clauses Act, 1955 (Raj. Act No. 8 of 1955). Sec.4 Composition of the Jaipur Development Authority. (1) The Authority shall consist of the following members, namely:- (i) A Chairman, who shall be the Minister-in-charge of Urban Development of the State of Rajasthan, or a nominee of the Governor during President's Rule; (ii) A Vice-Chairman, who shall be the State Minister of Urban Development of the State of Rajasthan, or a nominee of the Governor during President's Rule; (iii) Secretary to the Government, Urban Development and Housing Department; (iv) Jaipur Development Commissioner (Appointed under this Act). (v) Chairman, Rajasthan Housing Board; (vi) Chief Engineer, Public Health Engineering Department; (vii) Chief Engineer, Public Works Department; (viii) District Collector, Jaipur; (ix) Chief Engineer, Rajasthan State Electricity Board; (x) Chairman/Administrator, Municipal Council, Jaipur; (xi) Zila Pramukh of Zila Parishad, Jaipur District; (xii) Chief Town Planner, Rajasthan; and (xiii) Non-official members,not exceeding seven, to be nominated by the State Government; (2) Besides the members referred to in Sub-sec. (1) the State Government, if it so thinks fit, may also appoint the Chairman of any functional Board as member of the Authority. (3) The Chairman of the Authority shall supervise and control all the activities on behalf of the Authority and shall exercise such powers and perform such duties as are conferred on him under this Act and exercise such other powers and perform such other duties as the Authority may, by regulations, from time to time determine. xxx Sec. 7 Constitution and powers of Executive Committee.-(1) There shall be an Executive Committee of the Authority consisting of the following members namely:- (i) A Chairman, who shall be the Jaipur Development Commissioner; (ii) Secretary, Urban Development and Housing or his representative not below the rank of Deputy Secretary; (iii) Secretary, Jaipur Development Authority (who shall be the Member-Secretary of the Committee); (iv) Chief Engineer, Public Works Department, Rajasthan; (v) Chief Engineer, Public Health Engineering Department, Rajasthan; (vi) Representative of the Rajasthan State Electricity Board not below the rank of a Chief Engineer; (vii) Managing Director, Rajasthan State Industrial and Investment Corporation Limited; (vii) General Manager, Rajasthan State Road Transport Corporation; (ix) Managing Director, Rajasthan Tourism Development Corporation; (x) Director, Engineering of the Authority; (xi) Director, Town Planning of the Authority; (xii) Director, Finance of the Authority; (xiii) Collector, Jaipur; (xiv) Superintendent of Police, Jaipur; (xv) The Commissioner, Municipal Council, Jaipur. Provided that where an Administrator has been appointed of the Municipality of Jaipur, he shall be the member. (2) The Executive Committee shall exercise the following powers and perform the following duties, namely:- (i) organization of the divisions and operational units of the Authority; (ii) preparation of drafts of regulations and recommending to the Authority for making them; (iii) operation of the Jaipur Region Development Fund; (iv) preparation of projects and schemes; (v) approval or rejection of tenders for projects and schemes; (vi) creation of posts under the Authority upto such level as may be determined by regulations; (vii) borrowing and reborrowing of money required by the Authority; (viii) investment of surplus money of the Jaipur Region Development Fund; (ix) making of grants subventions, loans or advances to or sharing expenses with any local or other authority or person for projects and schemes; (x) institution or withdrawal of legal proceedings on behalf of the Authority; (xi) delegation of any of its powers and duties to its Chairman or any officer of the Authority. xxx Sec. 13 Establishment of Jaipur Traffic Control Boards.-(1) As soon as may be after the Authority is established under Sub- sec.(1) of Sec. 3 the State Government shall, by order constitute a Functional Board to be called as the "Jaipur Traffic Control Board" under the Authority; (2) The Jaipur Traffic Control Board shall consist of the following members, namely:- (i) A Chairman, who shall be the Jaipur Development Commissioner; (ii) Secretary, Jaipur Development Authority, (iii) Transport Commissioner, Rajasthan; (iv) General Manager, Rajasthan State Road Transport Corporation; (v) Chief Engineer, Public Works Department, Rajasthan; (vi) Chief Engineer, Public Health Engineering Department, Rajasthan; (vii) Representative of the Rajasthan State Electricity Board, not below the rank of a Chief Engineer; (viii) Director, Engineering of the Authority; (ix) Director, Town Planning of the Authority; (x) Director, Finance of the Authority; (xi) District Magistrate, Jaipur; (xii) Superintendent of Police, Jaipur; (xiii) Chairman/Administrator, Municipal Council, Jaipur; and (xiv) Two persons to be nominated by the Chairman of the Authority. (3) The Jaipur Traffic Control Board shall exercise the following powers and perform the following duties, namely:- (i) to prepare a Master Plan for traffic control in Jaipur City and to take steps in a phased manner for its implementation; (ii) to take steps to modernize the traffic control system; (iii) to lay down the policy for issuing traffic licenses of light and heavy vehicles; (iv) to determine policy for one way traffic, to impose restrictions for certain hours on certain kind of traffic on certain roads, to bar certain vehicles on certain roads, to determine parking places, stands, stops and cycle ways and other matters connected therewith. (v) to lay down guidelines for raising sign-signals, barriers and speed breakers; (vi) to grant permission to any person, Government department (Central or State), any local authority or any other body to cut the roads for various purposes and to impose conditions thereof; (vii) to demolish traffic hazards, obstacles and the determine compensation in such cases in accordance with regulations; (viii) to solicit help of the citizens and associations of repute to advise and raise funds for traffic control and traffic education in accordance with the rules; (ix) to organize traffic education; (x) to perform all other activities pertaining to the improvement and control of traffic and such other functions as may be directed by the authority. Sec. 16 Function of the Authority - xxx (h) preparing schemes and advising the concerned authorities, departments and agencies in formulating and undertaking schemes for development agriculture, horticulture, floriculture, forestry, dairy development, transport, communication, schooling, cultural activities, sports, medicare, tourism, entertainment and similar other activities; xxx (m) to prepare master Plan for traffic control and management, devise policy and programmes of action for smooth flow of traffic and mattes connected therewith; (n) to perform functions designated by the State Government in the areas to urban renewal, environment and ecology, transport and communication, water energy resource management directly or through its Functional Boards or other departments/agencies as the State Government may specify; xxx (r) to do all such other acts and things which may be necessary for or incidental or conductive to, any matters which arise on account of its activity and which are necessary for furtherance of the objects for which the Authority is established. xxx Sec. 19 Power of the Authority to require local authority to assume responsibilities in certain cases.-(1) Where any amenities are provided by the Authority, the authority may assume responsibility for the maintenance of the amenities which have been provided by it, or may require the local authority or any other authority, within whose jurisdiction the area so developed is situated, to assume such responsibility. (2) The Authority, may also require the local authority or any other authority to make provision for such other amenities as may be specified by it and which have not been provided by the Authority on such terms and conditions as may be agreed upon and where such terms and conditions cannot be agreed upon, on such terms and conditions as may be specified by the State Government, in consultation with the local authority or any other authority, as the case may be, and the Authority. Sec. 20 Power of the Authority to execute any plan-(1) Where the Authority is satisfied that any direction given by it under Sub- sec.(1) of Sec. 18 with regard to any project or scheme has not been carried out by the local authority or other authority or person referred to therein, within the time specified in the direction, or that any such authority or person is unable to fully implement any project or scheme undertaken by it for the development of any part of the Jaipur Region, the Authority may, with the sanction of the State Government itself undertaken any works and incur any expenditure for the execution of such projects or implementation of such schemes, as the case may be. (2) The Authority may also undertake any work in the Jaipur Region in accordance with the Master Development Plan or the Zonal Development Plan or any other project or scheme as the case may be, as many be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. Such direction may be issued to the Authority only where in the opinion of the State Government- (a) there is no other suitable authority to undertake such work, or (b) where there is such an authority but it is unwilling or unable to undertake such work, or (c) where the Authority has specifically requested the State Government to entrust such work to it. (3) Where any work is undertaken by the Authority under Sub- sec.(1), it shall be deemed to have, for the purpose of the execution of such work, all the powers which may be exercised by or under any law for the time being in force by the local authority or other authority or person referred to in Sub- sec.(1). xxx Sec. 21. Civil Survey and preparation of Master Development Plan.-(1) The Authority with a view to securing planned integrated development and use of land, shall carry out a civic survey of and prepare a Master Development Plan for Jaipur Region. (2) The Master Development Plan shall precisely define the quality of life that a citizen of Jaipur Region could desirably be expected to lead in (i) medium range perspective of the year 1991 A.D., (ii) long term perspective of the year 2001 A.D. and thereafter, and (iii) such other intermediate stages, as the State Government may direct, balanced and time targeted development to subserve the needs of the growing city of Jaipur and other areas of Jaipur Region, the net work of public utilities, civic amenities, community facilities, housing, communications and transport, the projects or schemes for conservation and development of natural resources and such other matters as are likely to have a bearing on the integrated development of the Jaipur Region and in particular may provide for- (i) transport and communications such as roads, highways, railways, canals, international airports, air cargo complexes and bus-service, including their development. xxx Sec. 22. Zonal Development Plan.-(1) Simultaneously with the preparation of the Master Development Plan or as soon as may be therefore, the Authority shall proceed with the preparation of a Zonal Development Plan for each of the zone into which the Jaipur Region may be divided. (2) A Zonal Development Plan may- (a) contain the provision for the development activities to be carried out as mentioned in Sub-sec. (2) of Sec. 21; xxx (e) in particular, contain provisions regarding all or any of the following matters, namely:- (v) the alignment of buildings on any site; Sec. 38. Making and Contents of Projects and Schemes.- (1) Subject to the provisions of this Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary. (2) A project or scheme may make provision for all or any of the following matters, namely:- (i) any of the matters specified in Sec. 21 and 22; (ii) acquisition, development reservation and sale or leasing of land for purpose of public utilities such as roads, street, open spaces, parks, gardens, recreation and play grounds, hospitals, dispensaries, educational institutions, green-belts, dairies, housing development, development of markets, shopping centers, commercial complexes, cultural centres, administrative centers, transport facilities and public purposes of all kinds; (iii) xxx (iv) xxx (v) acquisition of land and its development for the purpose of laying out or remodeling of roads and streets pattern, lay out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications; (vi) re-construction of plots for the purpose of buildings, roads, drainage inclusive of sewerage, surface or subsoil drainage, sewerage disposal and other similar amenities; (vii) xxx (viii) xxx (ix) xxx (x) xxx (xi) xxx (xii) the suspension, so far as may be necessary, for the proper carrying out of the schemes, of any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the legislature of the State is competent to make; Provided that any suspension under this clause shall cease to operate in the event of the withdrawal of the scheme or on the coming into force of the final Scheme; (xiii) xxx Sec. 45. Power to State Government to acquire land.-(1) Where, on any representation from the Authority, it appears to the State Government that, in order to enable the Authority to perform any of its functions or to discharge any of its duties or to exercise any of its powers, or to carry out any of its projects or schemes or development programmes, it is necessary that any land in any part of the Jaipur Region should be acquired, the State Government may acquire the land under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894). Sec. 92. Act to override other laws.- the provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force. Sec. 94 Local Authorities to continue to perform duties.(1) Notwithstanding anything contained in this Act, all local authorities in Jaipur Region shall, continue to exercise their powers, perform their functions and discharge their duties which may not be inconsistent with any plan, project or scheme of the Authority. (2) In the event of failure on the part of any local authority to carry out any plan, scheme, project or any direction given under this Act, the Authority, if it deems fit, for the development of Jaipur Region, with the sanction of the State Government and by an order published in the Official Gazette, may assume of the powers, functions and duties performed by any local authority from such date as may be specified in the order and in that case, such local authority shall, notwithstanding anything contained in any other law for the time being in force, cease to exercise such powers, functions and duties from the said date. Sec. 98. Dissolution of the Authority-(1) Where the State Government is satisfied that the purposes for which the Authority was established under its Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government unnecessary, the Government may, by notification in the Official Gazette, declare that the Authority shall be dissolved with effect from such date as may be specified in the Notification, and the Authority shall be deemed to be dissolved accordingly. (2) From the said date- (a) all assets, properties, funds and dues which are vested in, or realizable by the Authority shall vest in, or be realizable by the State Government. (b) all land vesting in, belonging to or placed at the disposal of the Authority shall revert to the State Government. (c) all liabilities which are enforceable against the Authority shall be enforceable against the State Government; and (d) for the purpose of carrying out any development which has not been fully carried out by the Authority and for the purpose of realizing assets, properties, funds and dues referred to in Clause(a), the functions of the Authority shall be discharged by the State Government. Sec. 101. Dissolution of the Urban Improvement Trust, Jaipur and savings-(1) Notwithstanding anything contained in the Rajasthan Urban Improvement Act, 1959 (Raj. Act. 35 of 1959), hereinafter referred to as the `said Act', and the rules, regulations and bye-laws made thereunder, as from the date of the constitution of the Authority for the Jaipur Region under this Act, hereinafter referred to as such constitution- (a) the urban area of Jaipur shall cease to vest in the Urban Improvement Trust, Jaipur (hereinafter referred to as the Trust) and the Trust shall cease to exercise jurisdiction or the function in that area; (b) the Trust functioning in the area covered by the urban area of Jaipur, immediately before such constitution, shall stand dissolved; (c) all land, buildings and other immovable properties (together with all interests of whatever nature and kind therein) situated in urban area of Jaipur and vested in the Trust for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Authority so constituted; (d) all stores, articles or other movable properties belonging to the Trust held by it for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Authority so established. (e) all assessments, valuations, measurements or divisions made by the Trust immediately, before such constitution in or in connection with such area, shall, in so far as they are not inconsistent with the provisions of this Act, continue and be deemed to have been made under the provisions of this Act, unless and until they are superseded by any assessment, valuation, measurement or division made by the Authority; (f) all plans, schemes for the development or improvement of any area declared as the urban area of Jaipur and prepared under the said Act shall in so far as they are not inconsistent with the provisions of this Act, be deemed to have been prepared under this Act and any such plan or scheme which was in force immediately before the commencement of this Act, shall continue to be in force so long it is not otherwise dealt with under this Act. (g) all records and papers belonging to the Trust and relating to the development or improvement of such area, including the plans and schemes and papers relating thereto, as are referred to in Clause (f) shall vest in and stand transferred to the Authority; (h) every officer or servant serving sunder the Trust immediately before such constitution shall, on or from such constitution, be deemed to have been transferred temporarily for a period of six months to the Authority within which period until otherwise extended by it, the Authority shall, after their screening in such manner as may be determined by regulations, absorb them in the service of the Authority on such posts and with such designations, as the Authority may determine. The Officers and servants so absorbed in the service of the Authority may hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held if the Authority had not been constituted, and shall continue to so hold unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority. Such of the officers and servants who are not absorbed by the Authority under its service shall be deemed to be surplus officers and servants of the trust and shall be absorbed by the State Government in the service of any local authority or other authority as the State Government may deem fit, on such posts, with such designations on such salary and allowances and on such terms and conditions of service, as may be prescribed but they shall not be absorbed on posts on terms, which are less advantageous to them in the matter of salary and allowances; Provided that- (i) any service rendered by any officer or servant so absorbed before such constitution shall be deemed to be service rendered under the Authority; and (ii) the surplus officers and servants not so absorbed shall be continued in the service of the Authority and their salary and allowances shall be paid out of the Fund of the Authority until they are absorbed by the State Government, as aforesaid; (i) anything done or any action taken including any appointment, delegation, order, scheme, rule, bye-laws, regulation or from made or notification issued or permission granted under the said Act s far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions; (j) all debts, obligations and liabilities incurred, all contracts entered into, all allotments and transfers of land made, and all matters and things engaged to be done in or as respects the area covered by the urban area of Jaipur, by with or for the Trust for such area shall, immediately before such constitution be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Authority; (k) notwithstanding anything contained in this Act, the validity of any declaration of application, publication, notification, appointment, order, allotment of land, proposal award, proceeding, consultation, inquiry, certification, compromise, sanction, agreement, notice approval, decision, dispute, withdrawal of any legal proceeding, final scheme or act made, held, issued, entered into, given, taken, decided, drawn up, or done, before such constitution, by or on behalf of the Trust, shall be deemed as if they were made, held, issued, entered into, given, taken, decided, drawn up or done under this Act by or on behalf of the Authority; (l) all compromises, defence on withdrawals, made in or from any legal proceeding, any offence compounded or any claim admitted, by or on behalf of the Trust before such constitution shall be deemed to have been made by or on behalf of the Authority and may be enforced by or against the Authority as effectively as they could be enforced by or against the Trust before such constitution. (m) all suits, prosecutions and other legal proceedings instituted by, for, or against the Trust may be continued or instituted by, for, or against the Authority; (n) all properties movable and immovable and all rights, title and interest in any property vested in the Trust shall vest in the Authority and all such properties in possession of the Trust shall be deemed to be in possession of the Authority; (o) all rents, fees and other sums of money due to the Trust shall be deemed to be due to the Authority; and (p) all sums or charges which the Trust was, immediately before such constitution, entitled to levy, assess and recover for or in respect of development or improvement of any land in the urban area of Jaipur, may continue to be levied, assessed and recovered by the Authority under the corresponding provisions of this Act. (2) Where any acquisition proceedings have been started under the provisions of the Rajasthan Urban Improvement Act, 1959 (Raj. Act No. 35 of 1959) or the Rajasthan Land Acquisition Act, 1953 (Raj. Act No. 24 of 1953) or under any other law for the time being in force for any of the purposes of the Trust, shall be continued and completed under and in accordance with the provisions of such laws as aforesaid." Having set out the relevant provisions of the 74th constitutional amendment, RM Act and JDA Act, we propose to analyze the same not in vacuum but with reference to the submissions of the learned counsel for the parties. While undertaking the examination, we will also advert to Articles 245 and 246 of the Constitution and the various entries of the Seventh Schedule. ;