- (1.) Some important questions of general importance about the functioning of the 'Jaipur Development Authority (in short, J.D.A. or Authority) have been raised and argued at length in the present writ petition under Article 226 of the Constitution.
(2.) The J.D.A. is a public statutory body constituted and established U/s. 3 of the Jaipur Development Authority Act (hereinafter to be referred as 'the Act'). The object and the purpose for the constitution of the Authority has been well demonstrated in the lengthy preamble of the Act which runs as under :- "An Act, for forming Jaipur city and certain contiguous areas into Jaipur Region to provide for the establishment of an Authority for the purposes of planning, co- ordinating and supervising the proper, orderly and rapid development of the Jaipur Region and of executing plans, projects and schemes for such development and to provide for matters connected therewith. Whereas, Jaipur City and areas contiguous to it, are being progressively developed and populated, and the necessity is being increasingly felt for forming these areas into Jaipur Region and for setting up an Authority for the purpose of planning, co-ordinating and supervising the proper, orderly and rapid development of these areas, in which several government departments, local authorities and other organisations are at present engaged within their own jurisdiction; to provide also that such Authority be enabled either itself or through other authority to formulate and execute plans, projects and schemes for the development of Jaipur Region, so that housing community facilities, civic amenities and other infrastructures are properly created for the population of Jaipur Region in perspective of 2001 A.D. or thereafter including the intermediate stages; and to provide for matters connected with the purposes aforesaid."
(3.) It is not necessary to go through the several provisions of the Act. There can be no doubt that the J.D.A. as a local authority, is wholly responsible for the preparation and implementation of every development plan. The preamble shows that the Act was enacted with a view to ensure that Town Planning/Development Schemes are made in a proper manner and their execution is made effective. It was, therefore, necessary to provide that the Authority shall prepare a development plan for the entire area within its jurisdiction. Section 16 states that the main object of the Authority shall be to secure an integrated development of the Jaipur Region and for this purpose, the various powers and functions of the Authority have been described in the section. Amongst others, the Authority is also required to do the following functions :- "(a) Urban planning including the preparation of Master Development Plan and Zonal Development Plans and carrying out surveys for the purpose and also making alterations therein as may be deemed necessary; (b) formulation and sanction of the projects and schemes for the development of the Jaipur Region or any part thereof; (c) execution of projects and schemes directly by itself or through a local authority or any other agency." Section 17 provides that except the previous permission of the Authority, no other authority or person shall undertake any development within the Jaipur Region of the type as the Authority may from time to time specify as provided in the Act. Then, Section 18 empowers the Authority to give directions to any local authority or other authority or person with regard to the implementation of any project or scheme financed u/s. 16. Sub-section (3) of S. 18 describe the supervisory powers of the Authority to ensure that each project or scheme is executed in the interest of the overall development of Jaipur Region and in accordance with a duly approved plan, project or scheme. By Section 21, the Authority is required, with a view to securing planned and integrated development and use of land, to carry out a civic survey of and prepare a Master Development Plan for Jaipur Region. The Master Development Plan is to be aimed to provide that quality of life that a citizen of Jaipur Region could desirably be expected to lead a medijm range and long term perspective. This plan is to cover the needs of the growing city of Jaipur and other areas of Jaipur Region, the net work of public utilities, civic amenities, community facilities, housing, communication and transport, the projects or schemes for conservation and development of natural resources and such other matters as are likely to have a bearing on the integrated development of the area. The Master Development Plan may also define the various zones into which the Jaipur Region shall be divided for the purposes of development and undertake the manner in which the development is to be carried out and the land in each zone is proposed to be used and the stages by which any such development shall be carried out and shall serve as a basic pattern of frame work within which the Zonal Development Plans of the various zones may be prepared. By section 22, the Authority is required to prepare a Zonal Development Plan for each of the zones into which the Jaipur Region may be divided. Section 23 provides the procedure to be followed in the preparation and sanction of Plans. Then, section 25 provides the procedure for subsequent modification of Plans. Section 29 provides that after a plan comes into operation, the Authority may, by notification in the Official Gazette, declare any area in Jaipur Region to be a development area for the purposes of the Act. Sub-section (3) of section 29 further provides that thereafter no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Authority. Section 30 provides the powers of the Authority of revocation and modification of permission to development granted under the Act or any other law. Section 31 provides penalty for unauthorised development or for use otherwise than in confif mity with the Plan. Section 32 empowers the Authority to remove any unahthorised development while Section 33 empowers to stop unauthorised development. Chapter VII of the Act deals with making of Projects and Schemes. Section 38 provides that the Authority for the purpose of implementing the proposals in any plan, may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary. The purpose of making projects and schemes is the implementation of the proposals contained in the Master or Zonal Development Plans. Section 39 provides the procedure of preparation of Projects and Schemes. Then Section 40 provides restrictipn on the use and development of land after declaration of a Scheme. Section 42, then, empowers the Authority to withdraw or make suitable modifications in any approved project or scheme.;