HC pulls up Rajasthan govt over arbitrary 90-B proceedings

The bench of Justice Mohammed Rafiq took serious note of the arbitrary exercise of power by Jaipur Development Authority under section 90-B.

Last Updated: Feb 19, 2011, 08:16 AM IST

Jaipur: A single judge bench of Rajasthan High Court has taken strict note of the fact that proceedings under section 90-B of the Land Revenue Act for regularisation of illegal colonies has become a source of earning by illegal means for JDA authorities and an arbitrary approach is being adopted by the authority in regularisation of land.

The bench of Justice Mohammed Rafiq took serious note of the arbitrary exercise of power by Jaipur Development Authority (JDA) under section 90-B of the Act while hearing two different writ petitions.

In one writ filed by Rajasthan Housing Board (RHB), it was disclosed that the Board took possession of a large chunk of land of an agriculturalist named Nanagram in 1978.

Nanagram, after obtaining the award of the land, applied for 90-B proceedings which was challenged by RHB.

In another writ petition filed by one Jagdish, it was alleged that he was a co-owner of the 1,395 hectare land in Tilawaalan village of Sanganer which was allegedly sold to a housing society after forging signatures and 90-B proceedings were allowed by JDA authorising the society to carve out a residential colony.

The matter gained popularity when an FIR was lodged against the society by the other co-owner of the land who had allegedly sold the same to the society.

Justice Rafiq, while placing a ban on the 90-B proceedings in the disputes, directed Advocated General GS Bapna to receive notices and explain the discretionary action of the JDA authorities in regularising certain land which was otherwise not eligible for the same.

The court also showed its displeasure on the conduct of JDA in issuing clarificatory circulars in the garb of section 90-B, thereby facilitating regularisation of certain land.

The court allowed six weeks` time to the state government to file its response to the court`s queries.

The court also issued notice to Secretary UDH, Commissioner JDA, Patwari Sanganer Tehsil and the Board of Revenue.

PTI