CW-2065/04 - Smt. Rameshwari Devi V.Municipal Board, Merta City & Anr. : Order dt.24.4.08 1/3 S.B. CIVIL WRIT PETITION NO.2065/2004 Smt. Rameshwari Devi Vs. Municipal Board, Merta City & Anr. Date : 24.04.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Harish Purohit for the appellant. Mrs. Pratistha Dave, Dy. Government Counsel. --------- 1. The present writ petition has been filed in this Court claiming the following reliefs:- “1. To allot a plot measuring 2000 square feet in Deendayal Colony Merta City. 2. That in the alternative, respondents may kindly be directed to allot one more plot measuring 775 Square Feets as compensatory measure in the Deendayal Colony Merta City. 3. That any other relief which in the facts ad circumstances of the case, Hon'ble Court deem just and proper, may kindly also be passed in favour of the petitioner and against the respondents.” 2. The petitioner claimed that a plot of 500 sq. yards was allotted to her on 12.12.1983 near Court premises in Merta City. However, since the said plot was found to be part of Samsan Bhumi the Municipal Board expressed inability to allot the said plot to the petitioner. The petitioner, therefore, applied for allotment of alternative plot vide Annex.R/1 application dated 27.2.2002 to the Municipal Board in another colony known as Deendayal Colony, CW-2065/04 - Smt. Rameshwari Devi V.Municipal Board, Merta City & Anr. : Order dt.24.4.08 2/3 Merta City. The learned counsel for the respondents Mrs. Pratistha Dave pointed out in the additional affidavit filed by the Executive Officer of the Municipal Board, Merta City that alternative plot K 53 measuring 1225 sq. ft. was allotted in favour of the petitioner upon consent of her son Kamal Kishore vide proceedings of the Municipal Board Annex.R/2 dated 23.7.2002. Annex.R/3 dated 18.1.2003 produced with the said additional affidavit also indicates that the said plot No.K 53 of 1225 sq. ft. was allotted in favour of the petitioner which is in better location and is of almost equivalent market value as that of the earlier plot allotted to the petitioner, the possession of which could not be given on account of the aforesaid reason. 3. Learned counsel for the respondent has further pointed out that after the said proceedings since the petitioner has not approached to Municipal Board, therefore, the lease deed could not be executed in her favour. 4. Having considered the rival submissions and perused the record of this case, it appears that the petitioner has herself applied for allotment of alternative plot and having been allotted the alternative plot of approximately same market value, the petitioner cannot claim as a matter of right to get the same size of plot in another colony. There is no reason to disbelieve the version of the Municipal Board given in the additional affidavit produced before this Court that valuation of alternative plot K 53 of Deendayal Colony, Merta City allotted to the petitioner is approximately of same value and the said plot is on better location. No contrary evidence has CW-2065/04 - Smt. Rameshwari Devi V.Municipal Board, Merta City & Anr. : Order dt.24.4.08 3/3 been produced by the petitioner. If the petitioner intends to get the lease deed of said plot executed, she may approach Municipal Board, Merta City within a period of one month from today and the lease deed of the said plot may be executed in her favour. 5. With these observations, this writ petition is disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.34 babulal/-