PUSHPA LODHA Vs. CHHOTA BAGRU SAHAKARI HOUSING SOCIETY LIMITED & ORS
LAWS(RAJ)-2016-8-82
HIGH COURT OF RAJASTHAN
Decided on August 05,2016

PUSHPA LODHA Appellant
VERSUS
Chhota Bagru Sahakari Housing Society Limited And Ors Respondents

JUDGEMENT

- (1.) Respondent-Review petitioner (Smt. Pushpa Lodha) has instituted the instant review petition praying for review of the judgment and order dated 16th September, 2009, decided along with analogous writ petitions as well as contempt petitions for the error apparent on the face of record with a further prayer for dismissal of the writ petition.
(2.) Briefly, the essential skeletal material facts, which needs to be taken note of are: that Chhota Bagru Sahakari Housing Society Limited, Topdara, Ajmer (for short, 'the writ petitioner'), instituted the above noted Writ Application No. 6994/2003, wherein Parasmal Lodha son of Shri Sarkarmal Lodha, through his power of attorney holder-Mr. Anil Kumar Jain, was a co-petitioner. In the writ application, the writ petitioners prayed for a declaration as null and void of the acquisition proceedings initiated vide notification under Section 4(1) and Section 6(1) of the Land Acquisition Act, 1884; with a further prayer for an order restraining the respondents from acquiring the land of the petitioners for the 'Sanyogita Nagar Grih Nirman Yojana', which later on changing to 'Sanyogita Nagar Scheme'; for commercial purpose. The writ petitioners also prayed for a declaration of the proceedings under Section 90-B of the Rajasthan Land Revenue Act as null and void qua the land in dispute along with a direction for regularization of land in favour of the petitioner's Society.
(3.) Vide judgment and order under review; the writ application of the writ petitioners, along with connected matters, was decided with a direction to consider the cases of nine members of the petitioner's Society for allotment of 15% of developed land provided the members withdrew the civil suits against UIT and moved an application to that effect. Mr. Anil Jain, Ms. Nidhi Jain and Mr. Surya Prakash Jain, though they were not shown as the members of society, they too were accorded same relief as the members.;


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