- (1.) THE case at hand relates to title dispute with regard to Plot No. 12 in the Scheme-2, Jai Jawan Grah Nirman Sahkari Samiti Ltd., Jaipur between the petitioner and respondent no. 7 herein. It is on record that the dispute with regard to ownership of the said plot is pending before civil courts between the contesting parties. The Jaipur Development Authority Appellate Tribunal (hereinafter to be referred in short 'Tribunal') in Para 5 of the operative portion of the order dated 27th March, 2012 has stated that in the event the petitioner was to establish her ownership in respect of Plot No. 12 (Old Plot No. 10) in the Scheme-2, Jai Jawan Grah Nirman Sahkari Samiti, then the lease deed issued by JDA in respect thereof to respondent no. 7 herein Pan Kanwar Devi Jain on 13th May, 2004 would be liable to be cancelled.
(2.) HAVING heard the learned counsel for the petitioner and having perused the impugned order, I am of the view that there is no occasion for this Court to interfere with the order passed by the Tribunal on 27th March, 2012. The question of title dispute between the petitioner and respondent no.7 is obviously a matter not appropriately addressed by this Court under Article 226 of the Constitution of India and in any event, the said dispute is pending before civil courts. Counsel for the petitioner has fairly conceded that directions given in Para No. 5 of the operative portion of the impugned order dated 27th March, 2012 would be adequately and sufficient to protect the petitioners claimed title to Plot No.12 (Old Plot No. 10) in the Scheme-2, Jai Jawan Grah Nirman Sahkari Samiti Ltd., Jaipur. Counsel however, submits that the JDA should be directed to comply with the directions set out in Para No.4 of the operative portion of the impugned order dated 27th March, 2012, wherein the JDA has been required by the Tribunal to evaluate and decide the question of Plot No.12-A falling within Khasra No.86 (Village Durgapura) in the khatedari of Public Works Department (Government) and in the event, it is found that the Plot No.12-A covers any part of Khasra No.86 falling in the khatedari of Public Works Department, the same be removed within a period of three months. Counsel for the petitioner submits that in spite of multiple representations to the JDA Commissioner on the aforesaid Para 4 of the Tribunal's order dated 27th March, 2012, no steps in terms of the said direction of the Tribunal have been taken even though the three months' period for the said purpose indicated in the said impugned order has been expired. Counsel for the petitioner submits that this Court should in the circumstances direct the JDA to verify the location of Plot No.12-A in the Scheme-2, Jai Jawan Grah Nirman Sahkari Samiti Ltd., Jaipur and in the event it is found that the said plot falls in any part of Khasra No. 86, within the khatedari of Public Works Department, it be removed. This submissions of the counsel for the petitioner in this regard is fair. The order dated 27th March, 2012 is stated to have not been put to challenge by any party. Consequently, the order dated 27th March, 2012 has apparently attained finality. I would, therefore, direct the JDA to evaluate from its land records and inspection of site, the question as to whether Plot No.12-A falls within the Khasra No.86 in the khatedari of Public Works Department and in the event it is so found, steps be taken to remove such encroachment from Khasra No.86. The compliance of the directions given by this Court as also the directions of the Tribunal in the order dated 27th March, 2012 be made within a period of three months from the date of filing of certified copy of this order. Albeit, subject to any stay on the order dated 27th March, 2012 passed by the Tribunal on any proceedings taken by respondent no.7. The writ petition stands disposed of, accordingly. Stay application needs no address, consequently.;