M/S GARG HOSPITAL AND RESEARCH INSTITUTE (PRIVATE) LIMITED Vs. STATE OF RAJASTHAN, THROUGH THE SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT
LAWS(RAJ)-2017-11-133
HIGH COURT OF RAJASTHAN
Decided on November 07,2017

M/S Garg Hospital And Research Institute (Private) Limited Appellant
VERSUS
State Of Rajasthan, Through The Secretary, Urban Development And Housing Department Respondents

JUDGEMENT

M.N.BHANDARI,J. - (1.)By these writ petitions, a challenge is made to the action of the respondent-Jaipur Development Authority (for short "the JDA") asking the petitioner-company to surrender 200 ft. wide strip of land adjoining Jawahar Lal Nehru Marg, Jaipur. An order passed under Section 90B of the Rajasthan Land Revenue Act, 1956 (for short "the Act of 1956") has been referred to render demand of surrender of land as infructuous and thereby to regularise in favour of the petitioner-company in pursuance of the order dated 22nd April, 2000. A challenge is also made to the orders dated 15th January, 2002 and 2nd December, 2002 issued by the Urban Development Department, Government of Rajasthan, Jaipur.
(2.)In the connected writ petition, challenge is made to the order passed by the Appellate Tribunal, Jaipur Development Authority. BRIEF FACTS OF THE CASE SET OUT BY THE PETITIONER-COMPANY:
(3.)Ramjipura Grah Nirman Sahkari Samiti Limited (for short "the samiti") floated a scheme in the name of Lal Bahadur Nagar after purchasing an agricultural land through registered sale deeds dated 28th July, 1966 and 6th February, 1970. The land was under the acquisition thus after verifying all necessary facts, the petitioner-company took 'pattas' from the samiti. Dr. Kailash Garg, Director of the Company submitted representation for regularisation of land for establishment of Hospital-cum-Research Centre. After considering all the aspects, the Government, vide its order dated 22nd April, 2000, directed the JDA to regularise the land for establishment of Hospital-cum-Research Centre under the captioned "International Hospital (NRI Project)". The JDA has avoided compliance of the order passed by the State Government on one or the other ground. It was given out that the land in question is on 200 ft. wide strip adjoining JLN Marg, kept for institutional purpose. The land aforesaid cannot be used other than for institutional purpose. The proposal given by the petitioner-company was earlier rejected by the JDA on 15th September, 1999. In view of subsequent development, the JDA was under an obligation to regularise the land in compliance of the order passed by the Government dated 22nd April, 2000. The respondents did regularise the land despite it was to be used for the institutional purpose i.e. to establish a Hospital-cum-Research Centre. In the similar manner, land was allotted to Escort Hospital and also G.E. Capital, etc. The use of land by hospital is considered to be for institutional purpose thus it should have been regularised in favour of the petitioner-company also. The respondents issued an order that no regularisation/allotment of land be made, if falling in 200 ft. wide strip adjoining JLN Marg.


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