Significantly although the respondents participated in the proceedings before the Special Officer, they did number raise any objection as to the power and authority of the State Government of Rajasthan to acquire the numberified land under s. 52 1 of the Act or the legality and propriety of the numberice issued by the Special Officer under s , 52 2 or his jurisdiction to proceed with the inquiry under s. 52 3 .
Nor did the respondents place any material before the Special Officer to show that they really needed the numberified land for the purpose of expansion of their business activities to the State of Rajasthan.
226 of the Constitution for quashing the numberification issued under s. 52 1 .
The effect of the impugned ad interim prohibitory order made by the learned Single judge virtually brought to 3 standstill a development scheme framed by the Improvement Trust in another State.
601H 602A , 605D In the instant case , the numberification dated February 8 , 1984 issued by the State Government under s. 52 1 of the Act became effective the moment it was published in the Official Gazette as thereupon the numberified land became vested in the State Government free from all encumbrances.
It was number necessary for the respondents to plead the service of numberice on them by the Special Officer , Town Planning Department , Jaipur under s. 52 2 for the grant of an appropriate writ , direction or order under Art.
The Improvement Trust accordingly by its letter dated March 5, 1979 requested the State Government that necessary orders be passed for acquisition of Khasra No.
The Judgment of the Court was delivered by SEN. ,
purview of that Act alleging that the land was needed for companystructing a three star hotel , but it appears that they were number serious in undertaking any such venture.
226 2 of the Constitution and therefore the High Court had numberjurisdiction to entertain the writ petition or issue an ad interim prohibitory order.
On June 25, 1975 the Special Officer , Town Planning Department, Jaipur issued a numberice under s. 52 2 of the Act at the instance of the Improvement Trust, Jaipur stating that it was proposed by the State Government to acquire the said land admeasuring more or less 44,770 square yards under s. 52 1 of the Act for a public purpose, namely, for the implementation of a development scheme at public expense viz.
5972 W of 1984.
Eventually , the Special Officer by his order April 9 , 1976 held that the alleged need of the respondents was just a pretence and he was satisfied on the material on record that the land was really number needed by them bona fide and their real object was just to get the land released from acquisition on one ground or the other.
K Parasaran , Attn.
Apparently, the respondents were number serious in undertaking the new venture of starting a Three Star Hotel on an area of 6,000 square yards as their real object was to get the numberified land released from acquisition.
From the Judgment and Order dated 13.3.1984 of the Calcutta High Court in C. P. NO.
226 , the remedy of the respondents to file such a petition lay before the Rajasthan High Court Jaipur Bench , where the cause of action wholly or in part arose.
While the matter was under the companysideration of the State Government , the Improvement Trust represented that the numberified land in entirety was needed for the aforesaid development scheme and accordingly the State Government issued the impugned numberification.
The respondent company approached the Calcutta High Court by a writ petition.
If the respondents felt aggrieved by the acquisition of their lands at Jaipur and wanted to challenge the validity of the impugned numberification issued by the State Government of Rajasthan under s. 52 1 , by a petition under Art.
and Badridas Sharma for the Appellants.
2085 Of 1985.
383 area 14 bighas 16 biswas situate in village Madrampura on the outskirts of Jaipur city.
It is pertinent to observe that the respondents had been shifting their stand before the Special Officer.
A Single Judge entertained the petition under Art.
L. Sanghi , Praveen Kumar and Ashok Mathur for the Respondents.
It appears from the material on record that the respondents having failed in their effort to get the land released from acquisition then took up the matter with the State Government.
The Special Officer adjourned the case from time to time and issued several numberices to the respondents for personal hearing under s. 52 3 of the Act.
Civil Lines Extension Scheme.
It is somewhat strange that a learned Single Judge of the Calcutta High Court R.N.Pyne, J. should have by his order dated March 13, 1984 entertained a petition under Art.
As already stated , they had in their reply dated September 8, 1975 alleged that they genuinely required the land for starting new businesses in the State , to open a branch office at Jaipur and to companystruct residential quarters for their Director and other Senior Executives , but at a later stage they alleged that they wanted to companystruct a Three Star Hotel on the said land.
605F H 606A CIVIL APPELLATE JURISDICTION Civil Appeal NO.
The facts of the case are as follows Messrs Swaika Properties Pvt.
226 of the Constitution challenging the validity of a numberification dated February 8 , 1984 issued by the State Government of Rajasthan under S 5 21 of the Act for the acquisi tion of certain lands belonging to them required by the Urban Improvement Trust , Jaipur for a public purpose, namely, for implementation of a development scheme viz.
J. The issue involved in this appeal by special leave is Whether the service of numberice under sub s. 2 of s. 52 of the Rajasthan Urban Improvement Act , 1959 Act for short served on the respondents at their registered office at 18 B , Brabourne Road , Calcutta by the Special Officer , Town Planning Department , Jaipur was an integral part of the cause of action and was sufficient to invest the Calcutta High Court with jurisdiction to entertain a petition under Art.
Limited, Calcutta owned Khasra No.
The service of numberice under s. 52 2 of the Act was number an integral part of the cause of action within the meaning of Art.
In the reply, the respondents while denying the existence of a public purpose for acquisition of the lands under s. 52 1 of the Act asserted that they needed the said land to start new businesses in the State of Rajasthan and for that purpose to utilize the numberified land for establishment of a branch office and for companystruction of residential houses for their Director and other Senior Executives.
the Civil Lines Extension Scheme, The said numberice was duly served on the respondents and they in companypliance therewith appeared before the Special Officer, Town Planning Department, Jaipur and filed their reply dated September 8, 1975.
The respondents through their representative appeared at each of these hearings and sought adjournment on one pretext or another.
