Document Fragment View

Matching Fragments

7. It was submitted on behalf of the State Government, Rajasthan Housing Board and also by the Khatedars that the transactions between the Society and Khatedars, if any, were ab initio void in view of the provisions contained in section 42 of the Rajasthan Tenancy Act. Thus, decree obtained on the basis of void transaction is a nullity and no right had accrued to the Society to claim compensation.

8. It was urged before us on behalf of the Society that the compensation determined is inadequate. Oral evidence has been ignored by the High Court while reducing the quantum of compensation determined by Reference Court. The Society has a right to claim compensation on the basis of the agreement which has been culminated into a decree passed by the civil court. No action has been taken by Khatedars to take back the possession under section 175 of the Rajasthan Tenancy Act within the period of limitation of 30 years which is prescribed therein. The High Court has rightly ordered allotment of 25% of the developed land to the Society. The Society is a person interested to receive the compensation on the strength of the judgment and decree of civil court. It has developed the land and has spent certain amount on development and the right to hold the property cannot be taken away except in accordance with the provisions of a statute. In order to claim superior right to hold the property the procedure prescribed in a statute must be complied with as provided in Article 300A of the Constitution of India. The State is bound to treat various incumbents similarly as others have been allotted the land. It is bound to act upon its decision and allot the 25% of the developed land to the Society. The plea based upon the bar created by section 42 of the Rajasthan Tenancy Act has not been substantiated by adducing the evidence.

11. First, we advert to the question whether reference, with respect to the four cases in which award was passed on 30.11.1982, was within period of limitation. Admittedly, possession from the Society had been taken on 22.5.1982. The Society submitted the objections before the LAO on 20.7.1982. While rejecting the objections on 4.9.1982, the Special Officer, Urban Development Authority, LAO, had unilaterally observed that the acquisition cannot be said to be in violation of the provisions contained in Article 300A of the Constitution of India, the Society has no ownership of the land, it has no interest in the land. Thus, it has no right to raise the objection. The said order had attained finality and the award was passed on 30.11.1982. In the award so passed, it has also been mentioned that an Advocate had appeared on behalf of the Khatedars and wanted to file objections regarding compensation. The said Advocate appeared on behalf of some of the Khatedars and stated that they had sold the land to the Society. However, no claim petition was filed on their behalf. There is also a reference in the award dated 30.11.1982 as to the objection filed by the Society had been rejected on 4.9.1982. It is apparent from the award that it was passed after rejecting the objections raised by the Society in favour of Khatedars.

38. It was next contended on behalf of the Society that the Society has acquired a right and such right to hold property cannot be taken away except in accordance with the provisions of a statute. If a superior right to hold the property is claimed, the due procedure must be complied with. Reliance has been placed on Lachhman Dass v. Jagat Ram & Ors. [2007 (10) SCC 448], in which this Court has laid down thus:

“16. Despite such notice, the appellant was not impleaded as a party. His right, therefore, to own and possess the suit land could not have been taken away without giving him an opportunity of hearing in a matter of this nature. To hold property is a constitutional right in terms of Article 300A of the Constitution of India. It is also a human right. Right to hold property, therefore, cannot be taken away except in accordance with the provisions of a statute. If a superior right to hold a property is claimed, the procedures therefore must be complied with. The conditions precedent therefore must be satisfied. Even otherwise, the right of pre- emption is a very weak right, although it is a statutory right. The Court, while granting a relief in favour of a pre-emptor, must bear it in mind about the character of the right, vis-a-vis, the constitutional and human right of the owner thereof.”