D.B. Civil Writ Petition No. 6040 of 2003. Case: Jai Jawan Griha Nirman Sahkari Samiti Ltd. and Ors. Vs State of Rajasthan and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Writ Petition No. 6040 of 2003 |
| Counsel | For Appellant: A.K. Bhandari, Senior Counsel assisted by Vaibhav Bhargava, Advocate and For Respondents: Bajrang Lal Sharma, Senior Counsel assisted by Babulal Sharma, Advocate |
| Judges | Sunil Ambwani, Actg. C.J. and Prakash Gupta, J. |
| Issue | Land Acquisition Act, 1894 - Section 48; Rajasthan Land Revenue Act, 1956 - Sections 90A, 90B |
| Citation | 2016 (1) RLW 50 (Raj) |
| Judgement Date | February 10, 2015 |
| Court | Rajasthan High Court |
Judgment:
Sunil Ambwani, Actg. C.J.
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We have heard learned counsels appearing for the parties including learned counsel appearing for the Jaipur Development Authority. Three connected writ petitions i.e. D.B. Civil Writ Petition Nos. 7294/2003, 6343/2003 and 6040/2003, were decided by a Division Bench of this Court by an order dated 16.09.2005. D.B. Civil Writ Petition No. 6040/2003, was disposed of with the following order:-
The writ petition filed by Jai Jawan Griha Nirman Sahakari Samiti Ltd. is under the garb of challenging the vires of provisions of Section 90A and B as the petitioner is personally interest to get back 200 ft. wide strip of land. As already discussed herein above the petitioner earlier has surrendered 200 ft. wide strip of land unconditionally and got the map approved from the JDA after getting approval of the map and plan from the JDA has filed this writ petition challenging the vires and order through which the petitioner was asked to surrender 200 ft. wide strip of land in favour of JDA on several counts.
Without entering into the preliminary objections whether the present petition is maintainable or not and whether the petitioner has got other alternative efficacious remedy or not; on merit aspect also, the petitioner has utterly failed to establish this fact as to how the provisions of Section 90A and B are ultra vires and as the land has been allotted by the High Level Committee headed by the then Chief Minister including the Secretaries to the Government Department. As also, the allotment made in favour of the Green Fire Hospital is in the public interest and same is supported by the State and J.D.A.
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The Jai Jawan Griha Nirman Sahakari Samiti Ltd. & Another, had filed a Special Leave Petition (Civil) No. 2147/2006, which was converted into Civil Appeal No. 1890/2007. The Civil Appeal was heard and disposed of on 10.04.20C., with directions that so far as D.B. Civil Writ Petition No. 6040/2003 is concerned, it is restored to the file of the High Court, on the ground that since the vires of Section 90A and 90B of the Rajasthan Land Revenue Act, 1956 (for short, 'the Act of 1956'), can not be decided by the Divisional Commissioner in an appeal, the High Court ought to have considered the challenge. The Supreme Court held that the observation of the High Court that the writ-petitioners failed to establish as to how the provisions of Section 90A and B are ultra vires of the Constitution, was without any...
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