(1.) These appeals have been preferred against the impugned judgment and order dated 30.7.2002 passed by the High Court of Rajasthan (Jaipur Bench) in Civil Writ Petition No. 454 of 1993, by which the High Court has issued directions to the Rajasthan State Industrial Development and Investment Corporation (in short 'RIICO'), the appellant herein, to release the land in dispute from land acquisition in favour of respondent No.1 - housing society (hereinafter referred to as 'the society').
(2.) As both the appeals have been preferred against the common impugned judgment, for convenience, Civil Appeal No. 7254 of 2003 is taken to be the leading case. The facts and circumstances giving rise to this appeal are :
(3.) Shri Dhruv Mehta, learned senior counsel appearing on behalf of the appellant-RIICO, and Shri Manish Singhvi, learned Additional Advocate General for the State of Rajasthan, have submitted that challenge to the acquisition proceedings emanating from the Section 4 Notification dated 18.7.1979 had attained finality upto this Court. However, this Court vide order dated 9.9.1999 had granted very limited relief to the respondent-society, to the extent that it could approach the court for release of its land only on the ground of discrimination qua other tenure holders, whose land stood released and that the dismissal of the SLP would not operate as res-judicata. The society had not made any representation before the filing of the first or the second writ petition, before any appropriate authority for release of the said land, nor had it raised issue with respect to any form of discrimination suffered by it. The High Court also did not consider the case on the basis of any ground of discrimination whatsoever, rather made a bald observation, stating that as the land of the other tenure holders had been released, the society too, was entitled for similar relief. Such an order is not justified for the reason that court did not compare the facts of two sets of the parties.