JUDGMENT 1. - Heard Dr. Kagzi for the petitioner. 2. On the last date August 28, 1989, this Court had required the learned counsel for the petitioner to satisfy that even if the orders are void as against the provisions of the Act, whether a right is vested in a member of the public to move this Court in its writ jurisdiction. 3. On 26th day of November, 1949, the people of India, having solemnly resolved to constitute India into a Sovereign, social, secular, democratic Republic and to secure to all its citizens; justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and opportunity; and to promote among them fraternity, assuring the dignity of the individual and the unity and integrity of the Nation, enacted and gave to themselves the Constitution which came into force on January 26, 1950. 4. The spirit of the Constitution is found in its Preamble. Justice to all its citizens, social, economic and political is paramount for the reason that India had become a free nation after a long subjugation. Thoughts and expression could not be freely given, there was no equality of status and opportunity and there was no dignity of the individual when this country was under foreign domination. The freedom struggle was fought with high aims in view. 5. The people of India through the Constituent Assembly of elected representatives gave a Charter of Rights contained in Part-Ill of the Constitution in order to secure, inter alia, fundamental freedoms which a citizen of a free country should have. The Indian Constitution is the bulkiest document of any democratic country. The very fact of this bulkiness shows the anxiety of our founding fathers to guide in detail to all the three wings of the State. An assurance is contained in Part-IV of the Constitution that this country will be governed by the principles and provisions contained in that part. These Provisions of Part IV have been fundamental in the governance of the country at the hands of those who are charged with constitutional responsibilities. Article 39 of the Constitution is limed to secure equality between man and man and to remove all those obstacles which permit a very few to dominate over the unfortunate millions who are economically have nots. Article 39 of the Constitution is limed to secure equality between man and man and to remove all those obstacles which permit a very few to dominate over the unfortunate millions who are economically have nots. Rest of the Articles contained in Part-IV, without exception, are aimed to secure social and economic justice and to assure the dignity of individual. The constitutional provisions contained in Part-III were even amended by the Constitutional 44th Amendment Act, 1978 to place beyond the pale of challenge in courts of law those laws which were enacted for giving effect to the policy of the State towards securing all or any of the principles laid down in Part-IV of the Constitution by the mere making of a declaration in such law that it was for giving effect to such policy. If that declaration was given, the law could not be questioned in any court on the ground that it violated any of the fundamental rights guaranteed by Part-III. 6. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act No. 30 of 1976) (hereinafter referred to as "ULCAR ACT") declared in its Preamble that it is an Act to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good. This declaration places the ULCAR Act, 1976 beyond challenge on the ground that it violates any of the fundamental rights contained in the Constitution. A legislative ban was imposed by Section 3 of the ULCAR Act that no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which the Act applied. The ceiling limit was defined under section 4 of the ULCAR Act. A legislative ban was imposed by Section 3 of the ULCAR Act that no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which the Act applied. The ceiling limit was defined under section 4 of the ULCAR Act. As soon as after making final statement under Section 9 of the Act the competent authority after considering objections, declares that the excess land referred to in the notification under sub section (1) of Section 10 shall be deemed to have been acquired by the State Government and, then, it is deemed to vest absolutely in the State Government. 7. In certain cases and contingencies specified in Clauses (a) and (b) of subsection (1) of Section 20, the State Government, on fulfilment of the conditions, specified in the said clauses, could exempt any person holding vacant land in excess of the ceiling limit from the operation of the Act. Without expressing any final opinion on the interpretation to be given to Section 20 of the ULCAR Act, ex facie, it appears that it contemplates giving of exemptions on individual applications and not giving of general exemptions. The provisions contained in Section 21, 22, 23 and 24 all subserve the purpose and intent of the Act as aforesaid. 8. Section 42 of the Rajasthan Tenancy Act, 1955 places general restrictions on sale, gift and bequest by khatedar tenant of his interest in the whole or part of his holding and renders these types of testamentary or non testamentary dispensations as void if the disposition is not of a survey number, except when the area of the survey number is in excess of the minimum area, or unless the area transferred becomes merged into a contiguous survey number, or if it is a transfer of the entire interest of a tenant in the survey number. 9. Section 90-A of the Rajasthan Land Revenue Act provider that no person holding any land for the purpose of agriculture, and no transferee of such land or any part thereof, shall use the same or any part thereof by the construction of buildings thereon or otherwise for any other purpose except with the written permission of the State Government obtained in the manner laid down and otherwise than in accordance with the terms and conditions of such permission. The State Government has either to refuse the permission or grant the same after making due enquiry. When conversion is permitted, the person to whom such permission is granted is liable to pay to the State Government, an urban assessment or premium. If the land is used for non-agricultural purposes, without written permission of the State Government or otherwise than in accordance with the terms and conditions of such permission or despite refusal of the permission, or without making the payment specified in sub-section (4) of Section 90A. the person holding the land for the purpose of agriculture as well as all subsequent transferees are deemed to be trespassers, liable to be ejected. This provision is meant to safeguard the interests of agriculturists and also the wider interest of agricultural production. 10. Providing a roof and a house to every homeless resident of this State is the constitutional obligation of the State. For that purpose, the State Government of Rajasthan first constituted Urban Improvement Trust in Jaipur. Then by legislative enactment Rajasthan Housing Board was constituted. Since Jaipur is the capital of Rajasthan and it had created a dire need for urban development consistent with most modern methods and providing all modern facilities and amenities. The Urban Improvement Trust was found to be an incompetent body for the purpose. The Housing Board made some progress. But that was not sufficient. And, therefore, the Jaipur Development Authority Act, 1982 was enacted and in this enactment for the first time the aim and idea of thinking of town-planning and management, not only of Jaipur City (but of the widened limits of Jaipur region), which meant the areas in the limits of the city, town and village specified in Schedule I, was envisaged. And, therefore, the Jaipur Development Authority Act, 1982 was enacted and in this enactment for the first time the aim and idea of thinking of town-planning and management, not only of Jaipur City (but of the widened limits of Jaipur region), which meant the areas in the limits of the city, town and village specified in Schedule I, was envisaged. The Preamble of this Act is the key which unfolds and opens the objects of the Act and deserves to be quoted as under:- "Whereas Jaipur City and areas contiguous to it, are being progressively developed and populated, and the necessity is being increasingly felt for forming these areas into Jaipur Region and for setting up Authority for the purpose of planning, co-ordinating and supervising the proper, orderly and rapid development of these areas, in which several Government departments, local authorities and other organisations are at present engaged within their own jurisdictions; to provide also that such Authority be enabled either itself or through other authority to formulate and execute plans, projects and schemes for the development of Jaipur Region, so that housing, community facilities, civic amenities and other infrastructures are properly created for the population of Jaipur Region in perspective of 2001 AD or thereafter including the intermediate stages; and to provide for matters connected with the purposes aforesaid." 11. It is the petitioner's assertion that Master-plan of City Capital Region was prepared in the year 1961. Due to the drowsy default of the Executive for 15 years, this plan could not be approved. In anticipation of imposing ceiling on urban vacant land, the Rajasthan State Legislature enacted the Rajasthan Urban Property Restrictions on Transfer Act, 1971 retrospectively restricting and banning transfers of urban land. The State Legislation on the subject did not come into being. The Union Parliament intervened in the year 1976 and enacted the ULCAR Act. 12. It is the assertion of the petitioner that several Housing Co-operative Societies were formed in the State who entered into agreements to purchase agricultural land from Khatedars in their favour. 13. So many houses and colonies have grown up on these agricultural lands which the Housing Co-operative Societies had, under the agreements to purchase and under shadowy and shaky transactions purchased from agriculturists, and they had made allotments of plots to various residents of the City, which, ex facie appear to be illegal. 13. So many houses and colonies have grown up on these agricultural lands which the Housing Co-operative Societies had, under the agreements to purchase and under shadowy and shaky transactions purchased from agriculturists, and they had made allotments of plots to various residents of the City, which, ex facie appear to be illegal. The Executive and bureaucracy slept in deep slumber and allowed all these to happen within their knowledge and senses. They went to the length of granting general exemptions under the ULCAR Act. Then, on one fine morning, they thought of regularising the illegal acts. In other words, those who are law abiders have terribly suffered by the acts of law breakers, mafias and those living in under world. 14. Rarely, a citizen comes before this Court to challenge the omissions and commissions of this mighty, but inactive Executive and, we should not put to him this question as to what right is vested in him as member of public to move to this Court. There cannot be greater public interest than this that a sole citizen takes courage and comes to this Court throwing a flood of light as to how the hopes and aspirations which the Constitution of India had arisen in their hearts and soul of millions, are being frustrated by the inaction of the Executive, rather, connivance; because silence is connivance and by those unscrupulous few in whom the economic power is concentrated. There cannot be a more fit case than this for admission. 15. I admit this writ petition. Notice of the writ petition may be issued to the respondents returnable within three weeks. The petitioner will file notices and process fees with requisite number of copies of the writ petition within four days. He will serve the notices on the respondents 'da ti'.Petition Admitted. *******