LexGANDHI GRAH NIRMAN SAHKARI SAMITI LTD. ETC. ETC. versus STATE OF RAJASTHAN AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
GANDHI GRAH NIRMAN SAHKARI SAMITI LTD. ETC. ETC.
B
c
v.
STATE OF RAJASTHAN AND ORS.
MARCH 30, 1993
[KULDIP SINGH AND N.M. KASUWAL, JJ.J
Rajasthan Urban Improvement Act, 1959: Sub-section ( 1) of Sttction
5~egree of detail in specifying purpose( s) for which land is to be acquired:
When sufficient-whether size of parcel of land a detennmative factor.
Period of limitation : Computing of-77ie period for which proceedings
stayed or injuction issued by courl excluded.
Sub-sections (1) and (2) or Section 72 of the Rajasthan Urban
D
Improvement Act, 1959 (the Act) lay down the restrictions on improve-
ment in urban areas and Section 2(i)(vi) defines the term 'Improvement'.
No person or Government department can undertake any 'improvement'
unless it is in accordance with either the 'master plan• in operation or with
a 'scheme' made by a Trust and sanctioned and notified under section 38
E
or the Act or, if neither a . master plan nor a scheme is in force, with the
'general approval' of the Tmsl after obtaining the permission of the Trust
under Section 73 of the Act.
If it appears to the government that the said land is required for the
purpose of improvement or for any other purpose under this Act, then the
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State Government may acquire such land by publishing in the ·omcial
Gazette a notice, under Section 52(1) of the Act, specifying the particular
purposes for which such land is required and stating that the government
has decided to acquire that land under section 52(1) of the Act. Before
such publication the State Government is to serve, in the prescribed
manner, notice on the owner(s) of the land and on any other person who,
G in the opinion of the government, may be interested therein, and it shall
also be published in the manner prescribed. The appointed officer, on
receipt of objections from all interested persons, must afford to them an
opportunity to be heard; and· after making such enquiry as is considered
necessary by him, he is to submit the case, alongwith the record of
H proceedings and his report, to the government for a decision.
7AA
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SAHKARI SAMITI v. STATE OF RAIASTIIAN
789
Gandhi Grab Nirman Sahkari Samiti (the Samiti) purchased from A
~bawani Singh 3,49,000 sq. yards of land in villages Bhojpura, Bhawani
Sba11kerpura and Hathirohi situated in Jaipur, for a sum of
Rs.1,02,00,000 by way of three registered deeds of conveyance. The Samiti
submitted on June 24, 1972 its development plan for 500 residential plots
in that land to the Urban Improvement Trust (the Trust) for sanction. B
The Trust raised some objections and referred the matter to the State
Government which, in trun, raised further objections. On March 24, 1973
the State Government issued notice under section 52(2) of the Act to the
-
Samiti and other interested persons; on March 26, 1973 a notice was also
issued to Bhawani Singh. After receiving objections in reply to these
notices, the appointed officer, namely Officer-on-Special Duty, Town Plan· c
ning Department, Government of Rajasthan, heard the parties and sub·
milted his report dated April 2, 1974 to the State Government. The State
Government, rejecting the objections, issued two notifications both dated
July 11, 1974 under section 52(1) of the Act. These were published in the
Rajasthan Gazette dated September 27, 1974.
D
By way or Writ Petitions before the High Court, these appellants
challenged the above acquisition. A learned Single Judge on October 15,
1982 allowed the petitions and quashed the acquisition proceedings. Upon
appeal by the State a Division Bench on February 21, 1986 set aside the
Judgment of the learned Single Judge. Hence the present appeals to this E
Court.
Rejecting the appellants' contentions and upholding the judgment
and order of the High Court, this Court,
HELD: The State Government can acquire land at the instance of F
"'-
the Trust, a Government department or any prescribed authority under
the Act where on a representation from the Trust "or otherwise' it appears
to the State Government that any land is required for the purpose of
'inlprovement' or "any other purpose under this Act", i.e. either for the
execution of the scheme framed by the trust or for any other 'public
purpose" under the Act. (796 E-F]
G
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The impugned notic~ under section 52(1) of the Act specifically
states that the land is nee?~d for the 'purposes of development plans and
construction of residenti81, Excerpt shown. Read the full judgment & AI analysis in Lexace.