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2010 DIGILAW 1412 (RAJ)

Madan Mohan Dammani v. UIT, Bikaner

2010-08-09

GOVIND MATHUR

body2010
JUDGMENT 1. - A piece of land measuring 7199 sq. ft. was leased out to the petitioner by the Urban Improvement Trust, Bikaner as per resolution No.3 dated 30.10.1969, for a period of three years @ Rs. 250/- per month with effect from 1.7.1967. The term of lease expired on 30.6.1970, however, under an order dated 3.6.1972 lease was further granted for a term of ten years with effect from 1.7.1970, as the petitioner was having a license to install a petrol pump through M/s Burma Shell. The lease aforesaid was granted with a specific condition that the land leased out shall not be used for residential purpose or for any purpose other than the establishment of petrol pump, service station or other commercial activity. 2. The Collector, Bikaner by an order dated March 1, 1984 cancelled the permission granted for construction of the petrol pump at the land in question, thus, the petitioner preferred a petition for writ (SB Civil Writ Petition No.2259/1984) before this Court, which came to be accepted on 12.2.1986. This Court while accepting the writ petition aforesaid quashed the order passed by the Collector with liberty to the competent authorities to take appropriate action which may available to them as per law. In the meanwhile the license granted to the petitioner for having a petroleum product outlet dealership too came to an end, thus, the Urban Improvement Trust considered the entire matter afresh and on 7.8.2003 a resolution was undertaken to decide and dispose of the matter by private negotiations. The resolution undertaken by the Urban Improvement Trust was quashed by the State Government and entire matter was remitted to the Urban Improvement Trust for reconsideration. The Urban Improvement Trust in its meeting dated 7/8.1.2003 reiterated its stand and referred the matter to the State Government. 3. As per the petitioner the Secretary, Urban Improvement Trust, Bikaner under a communication dated 9.4.2008 recommended for allotment of land to the petitioner by private negotiations and the petitioner while entering into such negotiations shown his willingness to accept only 4740 sq. ft. of land out of 7199.5 sq. ft. of land under his possession. It is also stated that under a office note dated 18.2.2010 the Urban Improvement Trust, Bikaner referred the matter to the State Government seeking further guidance about determination of lease money as well as proposed fixed lease money. ft. of land out of 7199.5 sq. ft. of land under his possession. It is also stated that under a office note dated 18.2.2010 the Urban Improvement Trust, Bikaner referred the matter to the State Government seeking further guidance about determination of lease money as well as proposed fixed lease money. Though the decision in the terms aforesaid was taken at the level of Urban Improvement Trust, the Urban Improvement Trust refused to implement the same and referred the entire matter to the State Government afresh for reconsideration. 4. With the factual background above, a direction is sought by the petitioner for Urban Improvement Trust, Bikaner to execute a lease deed in favour of the petitioner as per decision taken on 4.1.2010. Such allotment is claimed on reserve rate as per Rule 12 of the Urban Improvement Act, 1959. 5. Heard. 6. From perusal of the facts averred in the writ petition it is apparent that the land in question is under possession of the petitioner since 1967. At the first instance the lease was granted for a term of three years and that came to an end on 30.6.1970. From 1.7.1970 lease was granted to the petitioner for utilising the land in question for a term of ten years for a specific purpose i.e. to install a petrol pump. At the relevant time the petitioner was having license for petroleum outlet of M/s Burma Shell. The term of ten years came to an end on 30.6.1980. The license to have a petroleum outlet dealership too came to an end in the meanwhile, as such after 30.6.1980 the petitioner was neither having any authority to keep possession of the land with him nor he was having any license to install a petrol pump on the land in question. It is quite strange that from last three decades without having any authority of law the petitioner is sitting on a valuable public land and now want to perpetuate his unauthorised possession by private negotiations. As a matter of fact status of the petitioner with regard to the land in question is nothing more than of a trespasser/encroacher. The claim of the petitioner for leasing out the land in question to him by private negotiations is apparently against the public interest. As a matter of fact status of the petitioner with regard to the land in question is nothing more than of a trespasser/encroacher. The claim of the petitioner for leasing out the land in question to him by private negotiations is apparently against the public interest. The land in dispute is a precious public property and that is under possession of the petitioner without any authority of law. Such valuable asset must be brought out from the encroachment and the proper decision must be taken by the Urban Improvement Trust for its use, including open sale through auction. 7. Thus, this petition for writ fails and, therefore, the same is dismissed. A copy of this order be sent forthwith to the Secretary, Urban Improvement Trust, Bikaner; Collector, Bikaner and also to the Secretary to the Government of Rajasthan, Department of Urban Development, for necessary action.Petition dismissed. *******