- (1.) This petition has been filed with the following prayers : (i) By an appropriate writ, order or direction thereof, the respondent Nos.1 to 3 may be directed within a period of 3 months to fulfill its commitment regarding development, inter alia, of Ring Road, Approach Road and basic amenities at GH-2, Village Goner, Sanganer, Jaipur, as per the terms of advertisement dated 22.08.2007 and 31.08.2007, lease deed and approved site plan and make compensatory payment of the interest incurred on the amount of consideration @ 18% p.a. from 01.04.2008. (ii) Alternatively by an appropriate writ, or direction thereof, the respondent Nos.1 to 3 may be directed to refund the paid amount of Rs.9,30,08,851/- to the petitioner-Company earlier paid by the petitioner-Company along with interest @ 18% p.a. from the date of payment of the consideration amount till the payment made to the petitioner-Company. (iii) By an appropriate writ, order or direction thereof, the respondent Nos.1 to 3 be directed to compensate the petitioner for the loss of the amount which the petitioner-Company has to pay/invest over the plot in question for its development and now that become worthless due to non-fulfillment of commitment by the authority, while on developing the road and other basic amenities over it. (iv) By an appropriate writ, order and direction, respondent No.4 to restructure the repayment schedule in connection with the loan for Rs.400 lac along with the interest whereunder the interest amount is transferred to funded interest terms loan and the same along with the loan of Rs.400 lac is directed to be paid within a period of 3 years after 360 meter wide rind road, approach road and other basic amenities are provided by the respondent Nos.1 to 3 JDA.
(2.) The facts of the case are that on 22.08.2007, Jaipur Development Authority (hereinafter 'JDA') advertised sale of plot No. GH-2, for group housing and construction of Residential Flats, at Goner, Jaipur by public auction which was to be held on 31.08.2007 and is alleged to have stated that the said plot would be located at the proposed Ring Road 360 mtr. wide. The petitioners participated in the auction for the sale of aforesaid plot and were the highest bidder consequent where to the petitioners appear to have paid the requisite amount of Rs.842.57 lakhs and obtained title of the plot. Counsel for the petitioners submits that apart from the consideration for the purchase of plot at the auction, certain other incidental expenses amounting to a further sum of Rs.90 lakhs have accrued to the petitioners' account in coming into full ownership of the plot. It is submitted that subsequent to the auction dated 31.08.2007, JDA has been lethargic in failing to undertake the construction of Ring Road as also any approach road to the plot in issue and other infrastructure facilities owing to which the petitioners have been denied the enjoyment of the plot as intended by way of construction thereon and further sale. It is submitted that in the aforesaid context, vide letter dated 15.12.2009, the petitioners wrote to the JDA that in view of the violation by the JDA to adhere to its alleged representations and promises at the time of auction, the JDA should refund the full amount expanded by the petitioners for coming into ownership of the plot along with interest thereon. It is submitted that in reply to the said letter, the Deputy Commissioner, Zone-14, JDA, vide letter dated 24.12.2009 informed the petitioners that the claim for refund of the amount expanded on the purchase of plot under consideration along with interest thereon on the basis of alleged breach of representations / promises by the JDA was misdirected for in fact the plot had been auctioned on as is where is basis and aside of that the JDA not having breached of any promises / representations, yet all efforts were being made to construct the requisite roads and carry out development at the earliest possible period of time.
(3.) I have heard the counsel for the petitioners and perused the writ petition as also the prayers made therein.;