- (1.) WE have heard learned counsel appearing for the parties.
(2.) AGGRIEVED by the order passed by the District Collect or, Baran dated 6.3.2006 by which he had set aside the orders dated 20.2.2006 and 28.2.2006 as well as the order dated 29.6.2002, making disposal of land by way of allotment of 368 sq.ft. in favour of Shri Mool Chand, and 897 sq.ft. in favour of Kailash Chand, on the ground that though the land allotted to each of them is not 100 sq. yard; the plot, as a whole without any division in front of house of the allot tees, who are real brothers, was not a strip of land for either of them or together for the purposes of disposal by Municipal Corporation under Rule 23 of The Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974 (for short, "the Rules") and further, that the disposal was made ignoring the earlier orders passed by the Sub Divisional Magistrate, Baran dated 23.6.2005, by which he had found that the land in dispute disposed of by the Nagar Palika on 30.10.1973 was not proper, inasmuch as, the land was open in front of house of the revisionist. Learned Single Judge dismissed the writ petit ion on the ground that detailed reasons have been given by the revisional authority taking note of the earlier rejection of allotment of land, giving rise to this DB Special Appeal. It is submitted by learned counsel appearing for the appellant that the disposal was made at different points of time i.e. in the year 2002 and thereafter, in the year 2006 to the two brothers separately of the land in front of their respective houses and that each disposal was for less than 100 sq.yard of land, which will come within the meaning of "strip of land", for which it was not necessary to hold auction. The land in any case was disposed of at the then prevailing market rate.
(3.) RULE 23 of the Rules is quoted below: - "23. Strips of Land. - (1) Strip of land to be sold at double the reserve price. - Small strips of land which are not fit to be disposed of as plots shall be sold to the owners of the adjoining plot sat the rate of double the reserve price. Such strips of land shall be disposed of on an out -right sale if the adjoining property is freehold, and leased out if the adjoining property owner has only lease hold rights. (2) Auction. - Where two or more persons are interested in the strip there shall be auction only between those where plots or building adjoining the strip of land provided that before auctioning such strip of land a public not ice shall be issued. (3) Land use. - These strips of land may be sold for such purpose as is permissible under the rules, regulating sale of land in the area and for such construction as is permissible under those rules, provided that before disposing any strip of land, building line shall be demarcated which shall be maintained. Explanation (1) Definitions. - A strip of land shall mean a piece of land adjoining an existing plot which cannot be put to independent use and which shall in no case exceed 100 Sq.Yds. in area. No strip of land shall be sold: (i) if it endangers public safety or is against traffic regulation; and (ii) if it is to be used for a purpose other than building to which such strip is adjacent. (iii) until a building line is established. Explanation.(2) Disputes & Decisions - Whet her a particular area is a strip land or not, shall be decided by the Corporation or Council or Board, as the case may be.";