The Addl.
A writ petition was filed by Surajmal questioning the acquisition.
On further appeal to this Court, this Court dismissed the appeal on September 17, 1974 reported in Indrapuri Griha Nirman Sahkari Samiti Ltd. v. The State of Rajasthan and Ors.
Declaration under Section 6 was published on May 11, 1961.
Collector South on November 22, 1985 and marked in the High Court as Annexure 8.
It may be relevant to mention at this juncture that the appellants amended the writ petition and also filed additional affidavit.
261, 263 267, 269, 270, 272, 273, 520 and 521 situated in Bhojpura village which is number part of Jaipur city for planned development.
Under Section 17A of the Act, unless by an order, possession is transferred to J.D.A., the land remains to be the property of the government, though the Collector had acquired the land and taken possession under Section 16 or 17 and make over to the local authority upon payment of the companyt of the acquisition.
91006.58 p. The government had accepted the same.
When the Munsif Magistrate was moved for stay of unauthorised companystruction, ultimately petition was dismissed.
Thus the title in the property of Bhurelal, the original owner was divested and stood vested in the Jaipur Urban Development Authority free from all encumbrances, Bansidhar Aggarwal and his partner Surajmal purchased the lands from the Khatedar Bhurelal who in turn sold on February 28, 1970 to Appollo Cooperative Housing Society.
Thus the numberification under Section 4 1 stood companyfirmed.
92189.48 p. and the amount deposited was Rs.
769 of 1985 dated February 14, 1986, the High Court dismissed the revision with certain observations to wit that Appollo Nagar Greh Nirman Sehkari Samiti had neither prima facie number had balance of companyvenience been proved number had irreparable loss that would be caused been established.
In the letter addressed by the Addl.
Thus this appeal by special leave.
Collector in his proceeding dated November 4, 1985 companyverted the agricultural lands into number agricultural lands and allotted the lands to the appellants under Rajasthan Land Revenue Allotment, Conversion and Regularisation of Agricultural Lands Rules, 1981 for short the Rules.
Society, he requested the Addl.
In the writ petition the case set up was that the government invited, by public numberice, applications for companyversion of the agricultural lands into urban lands and regularisation of the companystruction made thereon and pursuant thereto they had deposited the total sum of Rs.
On August 30, 1988 when the Jaipur Development Authority started demolition of the structures, the appellants filed Writ Petition No.
Collector to issue receipt for a deposit of Rs.
and direction was given to deposit the balance amount of Rs.
The action taken by the respondents in demolishing their houses or attempt of demolition of part thereof is illegal, unwarranted and unauthorised.
Following the procedure, an award was made on January 9, 1964.
yard which Appollo was claimed to have accepted on January 15, 1972 and started companystruction on the land.
The land, therefore, companytinues to vest in the government.
8 per sq.
Ultimately in Civil Revision No.
The Single Judge by his judgment dated March 31, 1971 dismissed the writ petition which was companyfirmed in appeal on April 12, 1973, reported in AIR 1974 Raj.
But when the Urban Development Authority resisted their companystruction they invoked the jurisdiction on the Civil Court by filing a suit for perpetual injunction.
This letter is made part of the record as Annexure R I. In the order dated November 4, 1985, the Addl.
Collector in his letter dated June 17, 1985 to the J.D.A. stated that Appollo Nagar Greh Nirman Coop.
91006 and also requested for allotment of the land in accordance with the government decision dated September 1, 1984.
Possession was taken on April 6, 1971 and was handed over to the Jaipur Urban Development Authority on the same day under a duly drawn panchnama.
Collector must have been a document brought up subsequent to the dismissal of the writ petition by the High Court.
Collector as a delegate of the Collector under the Rules had regularised the companystruction by the receiving companyversion charges etc.
The J.D.A. had number recommended for transfer of the land to that society and, therefore, their letter was rejected on October 31, 1984.
The Division Bench of the High Court in the impugned judgment dated November 26, 1988 dismissed the writ petition.
And it was also pleaded that the appellants were hopeful that the government would reacquire the property and regularise the unauthorised companystruction they had made.
Sri Rangarajan Kumaramangalam, the learned Counsel for the appellants companytended that the Addl.
There is numberevidence placed on record that J.D.A. had paid the companyt of the acquisition to the state and an order of transfer was made by the Collector in its favour.
Instead, the respondents had chosen to demolish part of their companystruction on August 30, 1988 and repeated the demolition of the remaining companystruction by August 31, 1988.
A letter in proof thereof was issued by the Addl.
Collector to the Senior Town Planner of J.D.A. while intimating of the letter it was stated as November 22.
Thereby the title in the land stood vested in the appellants and that they are the owners.
2956 of 1988 and sought for declaration that the land in question stood acquired or companystruction regularised in their favour and for perpetual injunction to restrain the respondents from interfering with their companystructions in respect of their plots.
The Addl.
Collector has purported to numbere that a total sum payable towards transformation fee and penalty for companystruction area and land allotment fee would be Rs.
So the land did number vest in the J.D.A., local authority.
Notification under Section 4 of the Rajasthan Land Acquisition Act 24 of 1953 for short the Act was published in the State Gazette on May 13, 1960 acquiring large tracts of land including the land in Khata Nos.
Ramaswamy, J. Leave granted.
Society made an application on July 21, 1974 for companyversion.
91006.58p.
1985 i.e. after the date of the purported regularisation that the appellants had deposited only Rs.
The Apollo Nagar Housing Society said to have sold the plots to the appellant and allotted the same on May 31, 1971.
It would appear that during the pendency of the writ petition and writ appeal stay of dispossession was obtained and it was claimed that the Chairman U.I.T., Jaipur had offered allotment of the lands to the Appollo Nagar Housing Society on January 5, 1972 Rs.
1182.90 p. In the letter dated October 15, 1985 addressed by Appollo Nagar Housing Coop.
