G.M.Lodha, J. - (1.) The petitioner Bharat Bhawan Nirman Sahkari Samiti Ltd. Jaipur, has filed this stay petition under Section 151 C. P. C. for restraining the respondent No. 1, the State of Rajasthan, 2, Urban Improvement Trust, 3. The Land Acquisition Officer and 4. Rajasthan Housing Board, Jaipur from interfering in the possession of the petitioner Society over Khasra Nos. 87 and 88 situated in Jaipur.
(2.) The respondents U. I. T. Jaipur and Rajasthan Housing Board, hereinafter referred as 'the Housing Board', have vehemently opposed this stay application on the following grounds: (i) That the disputed land is already in possession of the Housing Board and, therefore, the application of stay is misconceived. (ii) that the disputed land has been acquired for the work and project of public utility, namely, the construction of a colony under the provisions of the Rajasthan Housing Board Act for providing cheap accommodation to the low income group who have got no residential accommodation to live in the City of Jaipur. That being so Sub-clause (6) of Art 226 of the Constitution provides a blanket prohibition for grant of any interim order, whether by way of injunction or stay or in any other manner, which will have the effect of delaying action for the execution of work and project of public utility and the acquisition of the disputed property for such execution by the Government or any corporation owned or controlled by the Government.
(3.) Mr. Birmiwal, learned counsel appearing on behalf of the petitioner has submitted that the acquisition of this land is not for 'public utility'. He also contends that only paper possession has been taken by the Urban Improvement Trust and the Housing Board but in fact the possession is still of the petitioner who has constructed roads and invested huge money on the improvement of the land although no houses have been constructed so far.;