- (1.) Challenge in these appeals is to the order dated May 2, 1998 of the learned Single Judge whereby writ petition filed by National Engineering Industries Ltd. (for short the 'Company') was allowed as under:- "Consequently the writ petition is allowed. Applying the principle of promissory estoppal to the instant case, I am of the view that the petitioner company deserved to be put to possession of the land which has been declared as Sawai Chak measuring 17 bighas 19 biswas falling in Khasra Nos.138/280 and 138/282 in village Bassi Sitarampura, Hasanpura and Sahjahpura which has been declared as industrial area for the purpose of industrial expansion by the petitioner company in terms of the powers of the State Government as per Section 102 of the Land Revenue Act, 1956 and since the petitioner company has already been allotted the aforesaid land as early as in the years 1963- 64 the State Government and its officers are directed to make the allotment of aforesaid land to the petitioner company subject to payment of the appreciated price of the said land as of today to meet escalation cost less the amount already paid to the State Government. This direction is being given in view the fact that the State exchequer should not be put to any loss of revenue and in case the petitioner is willing to pay the sale consideration to the respondent on the prevailing price of the similarly situated lands in the vicinity of the land in question then in that event an offer shall be made by the State Government to the petitioner company within four weeks of the submission of certified copy of this order and in case any offer is made by the petitioner company in lieu of the aforesaid offer to the State Government within a period of four weeks thereafter, the respondents are directed to execute a sale deed and other such relevant documents, execution of which may be necessary to put the petitioner company in possession of the same subject to the payment of sale consideration in accordance with Rules. It is further directed that keeping in view the fact that first offer on the basis of which the allotment of the land measuring 35 bighas 17 biswas was made to the petitioner way back on December 6, 1962 on the basis of which the said land after being declared industrial area was handed over to the petitioner company, no interest shall be chargeable from the petitioner company for the past period. The respondents are further directed to declare the aforesaid land measuring 17 bighas 19 biswas as industrial area within the aforesaid period by issuing a proper notification duly gazetted in accordance with law. As regards the shifting of the cremation ground from the present site, the petitioner company is directed to shift the same to another site in the near vicinity of the land in question so that the local residents of the aforesaid villages may not be put to any inconvenience and difficulty for the same and the petitioner company is consequently directed to set apart the land measuring 1 bigha 16 biswas for the purpose of its utilization for cremation ground while the remaining 34 bighas 1 biswas of land should be declared as an industrial area by the respondents as so already notified in the master-plan of Jaipur City. There will be no order as to costs. The summoned record be sent back to the concerned department immediately."
(2.) The company filed writ petition before the learned Single Judge with a prayer that notice dated February 9, 1994 issued by Sub Divisional Officer be quashed and land measuring 35 bighas and 17 biswas situated in village Bassi Sitarampura, Chak Hasanpura and Sahajpura be declared as Industrial Area and the State be restrained from making interference in the possession of the Company.
(3.) In the reply to the writ petition filed on behalf of Collector and SDO Jaipur it was averred that land in question was never allotted to the Company. Since Khasra No.138/279 was Siwai Chak Shamshan land it could not have been allotted. It was submitted that a recommendation for the allotment was however made but the matter of allotment was kept pending with the State Government.;