MATHUR, J. - (1.) These two special appeals separately preferred, one by Union of India and another by the State of Rajasthan are directed against the judgment of the learned single Judge setting aside the order Annexure-12 dated 7th May, 1993 and the Gazete Notification Annexure-13 of the same date issued by the competent authority (Collector, Jodhur) under Section 7 of the Requisitioning and Acquisition of Immovable Properties Act, 1952 (hereinafter referred to as the Act of 1952), for the acquisition of requisitioned property for defence purposes.
(2.) The salient facts in short as emerged from the pleadings are as follows :- The former ruler of the State of Jodhpur Maharaja Shri Gaj Singh created a Trust of a land in South of Umaid Bhawan Palace ad-measuring about 1790000 Sq. Yards in the name of the writ petitioner respondent Major Maharaja Hari Singh Benefit of Defence Services Personnel Charitable Trust (hereinafter referred to as the Trust). REQUISITION UNDER DEFENCE OF INDIA ACT :
(3.) The Defence Ministry required about 645 Acres of land for the purpose of developing the Army Cantonment consisting of Khasra Nos. 426, 296, 297, 632, 632/1 and 632/4. It appears that in this connection the Army authorities contacted the Trust as well as the Collector, Jodhpur which is evident from some of the correspondences on record. The respondent Trust vide letter dated 9th January, 1973 conveyed its willingness to dispose of the subject land for defence purposes, which reads as follows :- M. Jaswant Singh, "D.O. No.PS/85/73 Private Secretary Umaid Bhawan, Jodhpur Jan. 9, 1973 Thank you for your D.O. No. RJ/321/ ACQ/57/E4A of 29th Dec. In this connection I have had a meeting with Maj. Gen. R.F.Khambatta PVSM. I would like to clarify a few things. Firstly, there is some variance between the map supplied by you and the position of land held by the Trust, on ground. I am, therefore, enclosing a map of the Trust property, which has been marked in black. So far as the "No Objection" certificate from the Trust is concerned, as personally explained to Gen. Khambatta, the Trustees are shortly going to meet and pass a resolution to that effect. In this respect also, I think, there is some misunderstanding. If any impression has been given by the Collector that "litigation is under way" as mentioned in your letter, the impression is unfounded. The Trust does not intend filing any litigation. Further, the title of the land in question is not disputed at all. Some queries have been raised about what the type of land is. These are being dealt with routinely. Other than this, there is no dispute of litigation. As mentioned earlier, the Trustees have in principle already accepted that the land be disposed to the defence authorities subject. (a) To any discrepancies of the measurements etc being mutually sorted out; and (b) if it is accepted that the land be acquired at the urban rates applicable for that area. There being no doubt that the land in question is urban in character. Further clarification, if necessary can be furnished. I am taking liberty to endorsing a copy of this letter to HQ 12 Infantry Div. For their Information. On receipt of your reply, necessary action will immediately be taken to provide you as also the Collector with "No Objection" certificate. Sd/- (Jaswant Singh)";