JUDGMENT 1. - The present writ petition has been filed against the allotment of the land to Bhanwar Lal Dhana Trust by the UIT Jaipur for charitable purposes. 2. The submission of the learned counsel for the petitioners that the respondents Nos. 7 to 10 have not put their appearance for the reason that all their actions were full of fraud and for that purpose the facts stated in the writ petition have been reiterated. Initially one Shri Bhanwarlal Dhana sought permission of the UIT Jaipur to build a Vishwakarma temple Archaeological School, Museum and a library on a piece of land adjacent to Swastik House, Station Road Jaipur. He was required to submit a certified copy of the lease dead and it was found by the UIT that the said land was not belonging to his forefathers as claimed by him. The Chairman, UIT vide order dated 8.9.61 directed that the building is to be used for public purpose and the trust deed submitted by Shri Dhama be approved. Even personal association of the then Chairman has been alleged with Shri Dhama. The UIT came to light that chattris (memorials) built on the land had no relation with Shri Dhama. It was also found that the land was in fact recorded as the `milkiyat sarkar'. The UIT advised Shri Dhama on 16.10.1961 to make an application for allotment of land at concessional rate. The land was directed to be allotted at half the rate of the scheme when a proper Trust for the Institution is created. In the order dated 29.1.1962 it was directed that Secretary of the Improvement Trust shall be one of the trustees. The consent was given by Shri Dhama on 3.2.1962. On 4.8.62 it was informed that the trust has duly been registered. The Improvement Trust vide resolution dated 19.11.1965 resolved to allot a piece of land measuring 3063 sq. yards at the rate of Rs. 5/- being 50% of the reserve price fixed for Bani Park Scheme, plus 2% p.a. as urban assessment. This allotment was made in the name of Bhanwarlal Dhama and not the name of trust. The Improvement Trust vide resolution dated 19.11.1965 resolved to allot a piece of land measuring 3063 sq. yards at the rate of Rs. 5/- being 50% of the reserve price fixed for Bani Park Scheme, plus 2% p.a. as urban assessment. This allotment was made in the name of Bhanwarlal Dhama and not the name of trust. This 50% amount could have been charged from the trust and not from the individual and in this case the entire proceedings were taken for the trust but it is stated by the learned counsel for the petitioner that till date no steps have been taken for correcting the name in the allotment letter. Subsequently, another application was made by Shri Dhama that the rates should be as of 1962 and not of 1965 and the amount was further reduced to Rs. 2.50 per sq. yard from Rs. 5/- per sq. yard. The plan submitted were approved. It is also pointed out that instead of 3063 sq. yards, physical possession of 4099 sq. yards was given and one after another fraud is being committed. It is submitted that the trust has not taken into consideration the actual requirement of land, if any, of Shri Dhama in implementing the scheme, the financial status of Shri Dhama's alleged trust and feasibility of the proposed scheme, namely, construction of Vishwakarama temple, Architectural school, museum and library. It is stated that no patta of the land till date has been granted. It is also stated that an enquiry was initiated by the Collector and the City Magistrate was directed to make enquiry and it was found that Chhatris built over the land were not in legal possession of any individual, and on 4 or 6 chhatris Shri Dhama had constructed a boundary wall. Lease deed was not submitted to the Magistrate making the enquiry. It was also found that three stairs on public land were constructed and inspite of the said report no action has been taken since 1966. It is also stated that since the land is Nazool land, it cannot vest in the UIT. A civil suit in the court of Munsiff Magistrate was filed which was dismissed in 1980 and appeal No. 27/80 has also been dismissed. In the trust deed dated 17.6.65 a right of revocation and modification was taken by Shri Dhama. It is also stated that since the land is Nazool land, it cannot vest in the UIT. A civil suit in the court of Munsiff Magistrate was filed which was dismissed in 1980 and appeal No. 27/80 has also been dismissed. In the trust deed dated 17.6.65 a right of revocation and modification was taken by Shri Dhama. An objection has also been taken that after such a long time nothing has been done to use the land for charitable purposes. 3. Arguments of the learned counsel for the parties have been heard. The different points raised are decided us under : 4. So far as the question of allotment of land measuring 3063 sq. yards is concerned, physical possession of 4099 sq. yards is said to have been taken. It is directed that the JDA which steps in the shoes of UIT shall take possession of the excess land because the said land has never been applied for or allotted to the trust. If the land is allotted to a trust for charitable purposes then the said purposes have to be implemented in accordance with the allotment. The allotment has been made long back and there has been no construction thereon. The JDA would be justified in cancelling the letter of allotment which was for specific purpose which till date has not been achieved. The allegations against the then chairman of UIT and Shri Dhama have also been made, but this being factual matter, I need not observe any thing except that once it had come to the knowledge of the UIT that the land was not in the ownership of the person who has applied for approval of the plans, then it should not have approved the same. The Chairman of the UIT on the contrary advised Shri Dhama to move for allotment of land. If a person applies for approval of plans to the UIT without any ownership vesting in him then the Chairman of the UIT cannot advise him to make an application for allotment. It is really strange that such a step was taken by the then Chairman. If a person applies for approval of plans to the UIT without any ownership vesting in him then the Chairman of the UIT cannot advise him to make an application for allotment. It is really strange that such a step was taken by the then Chairman. The allotment on the contrary was made in the name of Bhanwarlal Dhama whereas the rates meant for trust were applied and the allotment could not have been made at concessional rates, in the name of individual on the rates meant for charitable purposes and therefore such action cannot be said to be in accordance with law. If the allotment was made to Shri Dhama as one of the trustee of the trust, then also he was under obligation to comply with the conditions of allotment. It is true that the UIT (now JDA) has to act in public interest which includes construction of school etc. but.it must be of a nature giving benefit to the public in general rather than giving benefit to an individual and he may become owner of the land. None has appeared on behalf of the respondents No. 7 to 10 and therefore it appears that they have no interest now in further activities. In these circumstances the Secretary, JDA would be justified in cancelling the allotment and to utilise the land for any public purpose. 5. Consequently, the writ petition is accordingly allowed.Writ Petition allowed. *******