MAHALEKHAPAL KARAMCHARI BHAWAN NIRMALA SAHKARI LD.. JAIPUR Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-1996-12-62
HIGH COURT OF RAJASTHAN
Decided on December 17,1996

Mahalekhapal Karamchari Bhawan Nirmala Sahkari Ld.. Jaipur Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

V.K. Singhal, J. - (1.) The petitioner has challenged the action of Jaipur Development Authority in not regularising the land inspite of Government directions, and allotting the same to other persons.
(2.) In this matter, it may be observed that the acquisition proceedings were initiated by issuing Notification under Section 4 of the Rajasthan Land Acquisition Act, 1953 on 26th July 1969. It was published in the Gazette on 21.8.1969 and objections under Section 5-A of the Act were also invited and the report was sent by the Land Acquisition Officer on 2.8.1971. Declaration was issued under Section 6 of the Act on 28.2.1973 which was published in the Gazette on 12.4.1973. The notice under section 9 of the Act was also published on 4.5.1973. The petitioner filed a writ petition challenging the aforesaid acquisition, which was dismissed on 8.5.1975 and the Special Appeal No. 161/1975 was also dismissed on 12.1.1981. The SLP before the Apex Court was also dismissed on 29.8.1983. The acquisition is thus final and the 'property vest with the State Government. Possession of the disputed land was taken by the Jaipur Development Authority on 26.5.1984.
(3.) The society thereafter filed a suit in the court of Additional Munsif and Judicial, Magistrate Jaipur City, Jaipur. The defendant filed an application for rejection of the plaint under Order 7 Rule 11 CPC which was allowed vide order dated 23.5.1984..The petitioner filed the appeal before the District Judge which was dismissed on 9.3.1990. The prayer for de-acquisition was negatived by the Civil Court. In respect of the plots allotted to its members, it appears that conversion -charges were also deposited. The lay out plan was approved in the meeting of BPC II of Jaipur Development Authority on 20.9.1986. The State Government has written to the Secretary of Jaipur Development Authority on 8.2.1990 to take necessary action m accordance with letter dated 18.1.1990. The letter of 18.1.1990 is for conversion and regularisation of the agricultural land. Allotment has been made to various institutions, associations etc. of the land which has been purchased by the society and -acquired by the respondents.;


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