BHARAT BHAWAN NIRMAN SAHKARI SAMITI LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Bharat Bhawan Nirman Sahkari Samiti Ltd. Jaipur, has filed this stay petition under Section 151 C. P. C. for restraining the respondent No. 1, the State of Rajasthan, 2, Urban Improvement Trust, 3. The Land Acquisition Officer and 4. Rajasthan Housing Board, Jaipur from interfering in the possession of the petitioner Society over Khasra Nos. 87 and 88 situated in Jaipur.

(2.) The respondents U. I. T. Jaipur and Rajasthan Housing Board, hereinafter referred as 'the Housing Board', have vehemently opposed this stay application on the following grounds:

(3.) Mr. Birmiwal, learned counsel appearing on behalf of the petitioner has submitted that the acquisition of this land is not for 'public utility'. He also contends that only paper possession has been taken by the Urban Improvement Trust and the Housing Board but in fact the possession is still of the petitioner who has constructed roads and invested huge money on the improvement of the land although no houses have been constructed so far.