AIR 1980 RAJASTHAN 176 ::1980 RajLW 289

Rajasthan High Court

Hon'ble Judge(s): Dwarka Prasad, M. L. Shrimal , JJ

Rajasthan Land Acquisition Act (24 of 1953) , S.18, S.50— Expression "Govt. department" in S.18 - It includes Improvement Trust created under Rajasthan Urban Improvement Act. Rajasthan Urban Improvement Act (35 of 1959) , S.1— Constitution of India , Art.12— The Urban Improvement Trust created under the Rajasthan Urban Improvement Act is entitled to apply under S.18 for making a reference to a Court as it is included in the expression "State Government department" occurring in S.18. The conclusion that the trust is a State Govt. department is also warranted by the various provisions of the Rajasthan Urban Improvement Act under which the Trust is created which ensure complete control over the finance and activities of the Trust. (Case law discussed).(Para 16 17 18) Various provisions in the Urban Improvement Act make it amply clear that the functions, which the improvement Trust is required to discharge, are public functions and a duty has been cast upon the Trust to see that the development of urban area is properly regulated and is in conformity with the master plan approved by the State Government. It is also apparent from a perusal of the provisions that the State Government keeps strict control on every activity of the Trust. Even the transfers of land made by the Tru....