Rajasthan High Court - Jaipur
Raj Chamber Of Commerce & Indu vs State & Ors on 15 September, 2016
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
ORDER
S.B. CIVIL WRIT PETITION NO.3093/1999
The Rajasthan Chamber of Commerce & Industry having its registered
office at Mohan Lal Sukhadia Chamber Bhawan, M.I. Road, Jaipur
through its Honorary Secretary General K.L. Jain, son of Late Shri G.
R. Jain, aged about 65 years, resident of SP-5, Bhabha Marg, Tilak
Nagar, Jaipur.
Petitioner
versus
1. The State of Rajasthan through its Secretary, Urban Development
and Land Ceiling Deptt., Govt. of Rajasthan, Jaipur.
2. The Divisional Commissioner, Government of Rajasthan, Jaipur.
Date of Order: 15.9.2016
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Mr. Sameer Jain, for the petitioner.
Mr. Ashish Sharma on behalf of Mr. Rajendra Prasad, AAG, for the State-respondents.
**** Aggrieved of the notice dated 1st November, 1993; the petitioner-Company instituted an appeal before the Court of Divisional Commissioner, Jaipur, which was declined by the impugned order dated 17 May, 1999; and therefore, the petitioner has instituted the present writ application, praying for the following relief(s).
"(i) The impugned order passed by the competent authority on 1.11.93 and the order passed by the Divisional Commissioner on 17.5.99 be quashed and set aside:
(ii) An appropriate writ, order or direction be passed directing that the respondents that they shall not take possession of the disputed land which is in possession of the petitioner Chamber; and 2
(iii) By an appropriate writ, order or direction, the Hon'ble Court may restrain the respondents from taking any further action in the matter under the provisions of ULCAR Act.
Any other appropriate order which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also kindly be passed in favour of your humble petitioner Chamber."
Briefly, the essential skeletal material facts necessary for appreciation of the controversy are that the competent authority in exercise of powers under Section 10 of the Urban Land (Ceiling and Regulation) Act, 1976, (for short, 'the Act of 1976'), made a direction calling upon the petitioner to hand- over the possession of excess land to the Jaipur Development Authority (J.D.A.), within 30 days from the receipt of communication. An appeal instituted under Section 33 of the Act of 1976, along with stay application, was declined vide order dated 17th May, 1999(Annexure-19).
From the materials available on record and response filed on behalf of the State-respondents, it is reflected that the excess vacant land was and remained in possession of the petitioner. While issuing notice on the writ application, an order of status quo was granted by this Court on 17 th June, 1999; which has continued, till date.
Learned counsel for the petitioner, while moving an application for early hearing of the case, referred to Notification dated 7th October, 1999; which reads thus:
"URBAN DEVELOPMENT DEPARTMENT NOTIFICATION Jaipur, October 7, 1999 3 No.F.22(24)UDD/2/90.- The following resolution which was passed by the Rajasthan State Legislature on 23rd September, 1999 adopting the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Central Act No.15 of 1999) is hereby published for information of general public.
'RESOLUTION Whereas the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act No. 33 of 1976) enacted by Parliament in pursuance to the provision of Article 252 of the Constitution:-
Whereas the aforesaid Central Act was adopted w.e.f. 9-3-1976 for the State of Rajasthan by a resolution passed by the Rajasthan State Legislature;
Whereas the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act No. 33 of 1976) has been repealed as respect to the States of Haryana and Punjab and all the Union Territories w.e.f. 11 th January, 1999 by the Urban Land ( Ceiling and Regulation) Repeal Act, 1999 (Central Act No. 15 of 1999);
Now, therefore, in exercise of the powers conferred under clause (2) of Article 252 of the Constitution of India this house adopts the Urban Land (Ceiling and Regulation) Repeal Act, 1999(Central Act No. 15 of 1999)."
A glance of the notification as extracted hereinabove, would reveal that the Act of 1976, has been repealed and by a RESOLUTION, the House adopted the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Referring to the opinion of the Supreme Court in the case of Pt. Madan Swaroop Shrotiya Public Charitable Trust Vs. State of U.P. And Ors.: AIR 2000 SC 3415, learned counsel urged that the present proceedings have to be abated.
At this juncture, it will be useful to consider the text of para No.3, 4 and 5 of the judgment in the case of Pt. Madan 4 In view of the above, the writ proceedings are hereby abated under Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
The writ application stands disposed off accordingly.
(VEERENDR SINGH SIRADHANA),J.
Anu/Jr.P.A./16