The aforementioned writ petitions filed by the respondent society and the original khatedars, challenging the land acquisition proceedings stood dismissed on the ground of delay and latches, vide judgment and order dated 21.8.1990 passed by the High Court.
Land for which acquisition proceedings were quashed as per the judgment rendered on 12.7.79 in CWP No.
The facts and circumstances giving rise to this appeal are That, a huge area of land admeasuring 607 Bighas and 5 Biswas situate in the revenue estate of villages Durgapura, Jhalan Chod, Sanganer and Dhol ka Bad in District Jaipur, including the suit land measuring about 17 Bighas and 9 Biswas in village Durgapura stood numberified under Section 4 1 of the Rajasthan Land Acquisition Act, 1953 hereinafter referred to as the Act on 18.7.1979, for a public purpose i.e. industrial development, to be executed by the RIICO.
137, measuring 6 Bigha 2 Biswas in village Jaland chod, Khasra No.
126, 128, 129, 137, 153 and 156 .
The Land Acquisition Collector assessed the market value of the land of the Khatedars, and made an award on 14.5.1984.
Land belonging to the petitioner Subhash Sindhi Cooperative Housing Society Ltd. 17 Bighas 9 Biswas.
P5 4 Ind/75 dated 22.6.82.
A lease deed was executed by appellant RIICO in favour of the companypany respondent No.37 in relation to 105 acres of land on 22.5.1989, including the land in question, which is companyprised of Khasra Nos.
The High Court heard the said writ petition alongwith another writ petition that had been filed by the Company, which will be dealt with separately.
The case of the society is that in view of the observations made by the Supreme Court in its order, it has pleaded its case in this petition on the basis that the other land which had been acquired had been released or it stood de facto released and the government was itself a party to it in releasing the acquired land and large number of lands of this nature de facto stood released from acquisition inasmuch as houses have been companystructed thereon the Government itself has acquiesced with such companystruction and has also taken steps for regularisation of such companystruction and the decision which was taken by the JDA in the meeting headed by the Chief Minister was implemented qua all others except the land of petitioner Society, merely because the petitioner societys land had been given to DGDC RIICO.
In view thereof, the society filed a Writ Petition No.
The respondent society claims to have entered into an agreement to sell with the Khatedars of the suit land on 21.7.1981.
177, 181, 182, 184, 185, 186 and 180 min,.
45 measuring 2 Bigha, 13 Biswas, vide his order Nos.
Land of which possession was taken 106 Bighas 18 Biswas.
Acquisition proceedings emanating from the Section 4 Notification dated 18.7.1979, were challenged by the respondent society, as well as by the khatedars jointly in 1989, by filing of Writ Petitions before the High Court of Rajasthan at Jodhpur.
226 to 230, in revenue estate of village Durgapura or in the alternative, for the allotment of equivalent suitable land, and also for the cancellation of the allotment of 105 acres of land in favour of the Company.
Such a direction was issued in view of the submissions made by the respondent society, stating that allotment of the said land in favour of the Company had been made fraudulently.
After deducting this land measuring 17 Bighas 9 Biswas from the balance land of 86 Bighas 18 Biswas, the remaining land measures 69 Bighas 9 Biswas and this is the land of which although possession was taken during the acquisition proceedings somewhere in 1982 83 yet on submission of the scheme plans by various Cooperative Housing Societies much after taking of the possession plans were approved in companypliance of various orders issued by the Government of Rajasthan after 1986.
The relevant portion thereof reads as under The Deputy Secretary Industries Group I Department Rajasthan Jaipur released from acquisition the land in Durgapura, Khasra No.
Hence, this appeal.
P 4 IND/75 dated 19.10.1981 No.
Besides the Industries Department also released from acquisition the total land measuring 126 Bighas 13 Biswas vide numberification P5 4 Ind/1/75 dated 31.7.1982 in village Jalana Chod of Khasra No.
The High Court had asked the authorities of the appellant RIICO to provide an explanation regarding the release of land in village Durgapura, and in its reply to the said order, an additional affidavit was filed.
44 measuring 1 Bigha 11 Biswas, Khasra No.
The authorities thereafter, filed affidavits, stating that the fact companyld be ascertained from the award dated 14.5.1984 itself.
issued after 1986, on extraneous companysiderations.
When the writ petition was filed, the High Court asked the respondent therein, to furnish an explanation of the alleged discrimination claimed by it.
Such an order is number justified for the reason that companyrt did number companypare the facts of two sets of the parties.
The land of which possession was number taken measured 12 Bighas Biswas companyprised in Khasra Nos.
The High Court, after taking numbere of the same held as under As per the acquisition proceedings which companymenced in July, 1979, the land which was sought to be acquired in Village Durgapura, was 119 Bighas 4 Biswas.
226 to 230 is village Durgapura.
P 4 Ind/1/79 dated 1.1.1982 and No.
324/89 i.e. S.D. Agarwal State of Rajasthan 20 Bighas And thus, the balance land remained 86 Bighas 18 Biswas.
45 measuring 2 Bigha 11 Biswas, Khasra No.
The Division Bench of the High Court allowed the said writ petition vide judgment and order dated 30.7.2002, thereby releasing land admeasuring 17 Bighas and 9 Biswas in favour of the respondent society.
During the pendency of the writ petition, certain other developments took place, that is, the allotment of land made in favour of the Company, was cancelled by the appellant vide order dated 1.10.1996, and possession of the same was taken over from it on 3.10.1996.
250, measuring 0.05 Biswas, 261 measuring 0.08 Biswas in village Dolka Abad Khasra No.
Compensation to the recorded khatedars of the land was also paid in terms of the award dated 14.5.1984 and the amount was duly received by the khatedars persons having interest in the land.
This piece of land included within it, the land which was subject matter of an agreement to sell between the respondent society and the original khatedars.
Aggrieved, the respondent society and one khatedar filed SLPs before this Court challenging the judgment and order dated 21.8.1990.
The writ petition was companytested by the appellants on the grounds that the respondent society had numberlocus standi to challenge the acquisition proceedings which had attained finality upto this Court the transfer of land by the khatedars to the respondent society was void the respondent society companyld number claim parity with other persons societies, whose land stood released for bonafide reasons on good grounds.
Vide allotment letter dated 10.3.1988, RIICO, made allotment of land admeasuring 105 acres of the land, out of the total acquired land measuring 591 Bighas, to Diamond Gem Development Corporation Ltd., a Private Ltd. Company hereinafter referred to as the Company , respondent number 37, to facilitate the establishment of a Gem Industrial Estate for the manufacturing of Gem stones.
454 of 1993 praying for release of the land admeasuring 17 Bighas and 9 Biswas in Khasra Nos.
Declaration under Section 6 of the Act was made on 22.6.1982 for the land admeasuring 591 Bighas and 17 Biswas.
Such observation is number based on any material whatsoever.
This Court vide order dated 9.9.1992 dismissed the said SLPs, however, while doing so, the Court made an observation that the dismissal of the said SLPs, would number operate as res judicata if the society approaches the companyrt for release of their land on the ground that lands owned by similar set of individuals or institutions, if any, has been released from acquisition.
2389 measuring 1 Bigha 2 Biswas, Khasra No.
124 measuring 2 Bighas 4 Biswas, Khasra No.
After meeting all requisite statutory requirements companytained in the Act, possession of the land, including the land in dispute was taken by the Government and was subsequently handed over to RIICO, on 18.10.1982 and 17.11.1983.
Dr. B. S. CHAUHAN, J. 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.
The High Court did number companysider a single objection raised by the appellant RIICO before it.
7254 of 2003 is taken to be the leading case.
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 .
As both the appeals have been preferred against the companymon impugned judgment, for companyvenience, Civil Appeal No.
