- (1.) THE petitioner, a company registered under the Companies Act, got its khatedari agricultural land converted as per provisions of the Rajasthan Land Revenue (Conversion of Agricultural Land for Non -Agricultural Purposes in the Rural Areas) Rules, 1992 (hereinafter referred to as 'the Rules of 1992') to be used for industrial purposes i.e. of establishing a hotel.
(2.) THE conversion of the land use was made with certain conditions including that the land converted was required to be used for the purpose of conversion within a period of two years from the date of issuance of the order of conversion. The petitioner after getting the land converted, started the work for establishing a hotel, accordingly, the work relating to levelling of the land, laying down foundation for building, spreading of bazri wastes, digging of borewell, purchase of diesel generator set etc. The petitioner also purchased construction material including stones, cement and steel. M/s Sukriti International was said to be engaged for constructing hotel as per the plan given. A huge loan was also taken from the financial institutions.
(3.) THOUGH the work for establishing hotel as per the petitioner commenced immediately after conversion of the land, but being a huge project the same was not completed within a period of two years. A notice dated 10.5.2002 issued by the Collector, Bikaner, therefore, was served upon the petitioner calling upon him as to why proceedings be not initiated for recalling the order of conversion of the land being not used within a period of two years for the purpose the land was converted. A reply to the same was given by the petitioner company with assertion that the map of the hotel sought to be established has already been approved by the Gram Panchayat, a loan has also been sanctioned by the Rajasthan Financial Corporation, tubewell to have adequate water has also been excavated, levelling of the land has already been made and construction work was in progress, therefore, the land has already been used for the purpose that was converted.;