VINOD JAIN Vs. JAIPUR DEVELOPMENT AUTHORITY AND ANR

JUDGEMENT

(1.) Since on similar set of facts same reliefs have been sought, all the writ petitions have been heard together and are being decided by this common order. The dispute is in regard to regularisation of respective plots in the name of the petitioners in Lal Kothi Scheme, Jaipur. In Writ Petition No. 3057/2004, the petitioner-Dr. Vinod Jain had been allotted plot No. C-130, measuring 400 sq yards vide lease deed executed on 19.10.2002 and duly registered on 23.10.2002. In Writ Petition No. 3124/2004, the petitioner-Dr. Vinod Jain had been allotted plot No. E-240, measuring 400 sq yards vide lease deed executed on 19.10.2002 and duly registered on 23.10.2002. In Writ Petition No. 3125/2004, the petitioner-Dr. Richa Jain had been allotted plot No. C-129, measuring 400 sq yards vide lease deed executed on 19.10.2002 and duly registered on 23.10.2002. As has come on record, the land of Village Bhojpura in khasra No. 40 to 45 and 45/491 was acquired by the State Government and award was also passed accordingly on 9.1.1964. As per award passed on 9.1.1964, the plots in question were allotted to one of the awardees Ishwar Ram on 17.1.1979 by the then Urban Improvement Trust, Jaipur. The petitioners alleged to have purchased the above respective plots from such allottees of 22.4.2001.

(2.) It appears that various disputes arose in regard to acquisition of the land in Village Bhojpura and award passed on 9.1.1964. Considering various complications in regard to the land so acquired on behalf of various authorities including the awardees of Lal Kothi Scheme, Pratap Nursery, Anand Nursery and other surrounding areas, a policy decision was taken by the State Government vide order dated 6.12.2001 for settling the disputes in regard to above acquisition and decision was taken to regularise the plots with certain conditions. The policy decision taken by the State Government vide order dated 6.12.2001 had already been upheld by the Division Bench of this court. Subsequently, the respondent-JDA also, in a meeting held on 28.2.2002, passed certain resolutions in regard to implementation of the policy decision taken by the State Government vide order dated 6.12.2001. Necessary orders were also issued by the Secretary, JDA on 21.3.2002 in regard to resolution passed by the Board on 28.2.2002.

(3.) In pursuance to the policy decision taken by the State Government vide order dated 6.12.2001 and further resolutions passed by the respondent-JDA on 28.2.2002, the petitioners submitted their applications for regularisation of their respective plots. After making detailed enquiry at various stages, with due approval of the higher authorities, the lease deed was duly executed in favour of the petitioners for the respective plots on 19.10.2002. The lease deeds were further registered on 23.10.2002 itself. It was only on 1.2.2003 that a news item was published in the news paper Rajasthan Patrika in regard to illegal allotment and regularisation made by the respondent-JDA in Lal Kothi Scheme. The Dy. Commissioner, Zone-III, made a detailed report that the allotment made in favour of the petitioners were strictly in accordance with the policy decisions of the State Government dated 6.12.2001 and the guidelines issued vide resolution dated 28.2.2002 and there have been no irregularity or illegality committed in the present matter. However, a notice was issued to the petitioners on 19.9.2003 to appear before the JDA Commissioner on 22.9.2003. The hearing could not take place on 22.9.2003 and the same was placed before the JDA Commissioner on 23.9.2003. The decision was taken by the JDA Commissioner on 23.9.2003 itself and order of cancellation of respective lease deeds were passed on 25.9.2003. The order passed on 25.9.2003 in regard to cancellation of the lease deeds in favour of the petitioners were challenged before the Jaipur Development Authority Tribunal, Jaipur, however, the appeals were dismissed by the JDA Tribunal vide order dated 6.5.2004. Hence, the present writ petitions challenging the orders of cancellation of the lease deeds dated 25.9.2003 as also the order passed by the Tribunal on 6.5.2004.