Jaipur Development Authority & Ors vs Vijay Kumar Data & Anr

Declaration under Section 6 was issued on 3.5.1961 and was published in the official gazette dated 11.5.1961. Thereafter, notice dated 18.7.1961 was issued to the land owners (Khatedars) under Section 9(1) and (3). Initially, 65 Khatedars filed claims for compensation but this figure swelled to more than 137 because those who purchased land from the Khatedars after publication of the notification issued under Section 4 and their 3 nominees/sub-nominees also filed claims for compensation. The second category of persons included Shri Ganesh Narayan Gupta, Advocate and Dr. Bhagwan Das Khera, both of whom managed to purchase portions of the acquired land from one of the Khatedars, namely, Shri Vijay Lal son of Ram Sukhji. The Land Acquisition Officer, Jaipur passed an unusual award dated 9.1.1964 whereby he not only determined the amount of compensation payable to the landowners and the beneficiaries of illegal transfers, but also directed allotment of plots measuring 1000 to 2000 square yards to the owners, their transferees and nominees/sub-nominees out of the acquired land.

3. After passing of the award, Shri Ganesh Narayan Gupta filed execution application and succeeded in getting an order for delivery of possession of 1500 square yards land in the Lal Kothi Scheme. The revision filed against the order of Executing Court was dismissed by the High Court and in that sense, the order passed by the Executing Court became final.

4. In the meanwhile, 12 of the awardees filed applications for enhancement of the compensation. District Judge, Jaipur City, Jaipur accepted their claim. Simultaneously, he rejected the objection raised by the State Government that the Land Acquisition Officer did not have the jurisdiction to allot land in lieu of or in addition to the monetary compensation. The appeals filed against the judgment of the learned District Judge were disposed of by the High Court on the basis of compromise arrived at between the awardees and the Trust.

The members of the Committee obliged their master i.e. the Minister and recommended that land be allotted to the beneficiaries of illegal transactions at the rate of Rs.8/- per square yard. Thereafter, a circular disguised as policy decision was issued in 1978 for allotment of land to sub-awardees and their nominees/sub-nominees at the rate of Rs.8/- per square yard.

12. We may now advert to the facts of these cases. Shri Ganesh Narayan Gupta, who had purchased the acquired land in 1963 i.e. much after publication of the notification issued under Section 4 and declaration issued under Section 6, filed suit for injunction, which came to be registered as 16 Civil Suit No.629/1983 and was renumbered as Civil Suit No.270/1985 with the prayer that the defendant (appellant herein) may be restrained from interfering with his possession over plot Nos.C-112 to C-115, Lal Kothi Scheme. During the pendency of the suit, Ganesh Narayan Gupta transferred the plots to the respondents and two others by registered sale deeds, who were impleaded as plaintiff Nos. 2 to 5 vide order dated 19.1.2001. Shri Ganesh Narayan Gupta claimed title over the plots on the basis of the sale deed executed in his favour by Khatedar - Shri Vijay Lal and subsequent allotment of plots in his favour by the Trust. The respondents laid their claim on the basis of registered sale deeds dated 18.4.1993 executed in their favour by Shri Ganesh Narayan Gupta.

In the opinion of the Tribunal, when the purchase of land by Shri Ganesh Narayan Gupta was null and void, he could not have transferred a valid title in favour of the respondents so as to enable them to challenge the advertisement issued by the appellant for auction of the two plots. The learned Single Judge dismissed both the writ petitions primarily on the ground that the disputes questions of fact relating to title of the plots cannot be determined under Article 226 of the Constitution and the writ petitioners are free to avail any other alternative remedy for determination of their rights.

36. In the result, the appeals are allowed. The impugned judgment is set aside. The writ petitions filed by Vijay Kumar Data and Daya Kishan Data are dismissed and they are directed to pay cost of Rs.5 lacs for pursuing unwarranted litigation for last over 15 years. The amount of cost shall be deposited with the Rajasthan State Legal Services Authority within a period of two months. The respondents shall be entitled to recover the price paid to Shri Ganesh Narayan Gupta along with the amount of cost by availing appropriate legal remedy.