M.N. Bhandari, J. - (1.) ALL these writ petitions pertain to Prithvi Raj Nagar Scheme (for short 'PRN scheme') of the Jaipur Development Authority, Jaipur (for short 'the JDA'). The land was acquired for the scheme to establish a residential colony. A challenge to the acquisition was made at various stages, however, it finally remained unsuccessful with the verdict of the Hon'ble Apex Court vide its judgment dated 3.10.1997. The JDA, thereupon, launched first phase of PRN scheme in the month of October, 1997. The petitioners applied for allotment of land/ plots in PRN scheme. The lottery of applicants were drawn where petitioners remained successful. Initially, writ petitions were filed in the year 2006 when petitioners were asked to opt for other scheme namely; Kalpana Nagar showing it to be in Jagatpura area but they were not given plots therein also and changed unilaterally to Kalpana Nagar near Kanota at Agra Road. The petitioners thus denied allotment of land in PRN scheme. Submissions on behalf of learned counsel for petitioners Learned counsel submit that pursuant to PRN scheme launched by the JDA, petitioners applied for allotment of land/plots. They remained successful in the lottery drawn for allotment of plots. The JDA then issued demand letters in few cases quantifying the amount, which was deposited by the petitioners. In few other cases, petitioners were declared successful in the lottery but JDA failed to proceed further with a deliberate ignorance of the area which resulted in encroachments and illegal constructions. The JDA made no efforts to stop encroachments and illegal constructions, thus to cover up the same, a proposal was given to the petitioners to get allotment of plots in other scheme i.e. Kalpana Nagar, Jagatpura. Many petitioners opted for Kalpana Nagar scheme of the JDA at Jagatpura but, therein also, allotments of plots were not made as the land was taken over by the Rajasthan Housing Board. The applicants/ petitioners were then given further option to take plots in Shree Rampura where also even land with required infrastructure was not available.
(2.) THE State Government then issued an order on 23.9.2002 to de -acquire land of Prithviraj Nagar Scheme. This was sufficient to show intention of the Government to bestow favour to those who had encroached on government land. The constructions were raised on the land so acquired even after holding acquisition to be legal by the Hon'ble Supreme Court. This court took suo motu cognizance in the matter on de -acquisition and issued notices. It was in the writ petition bearing No. 6709/2002 where many directions were issued to stop encroachments and illegal constructions but, due to connivance of the officers of the JDA, neither encroachments were stopped nor illegal constructions. To deprive the petitioners from their rights, the effort of the JDA was to divert them to other scheme. In the month of May, 2003, petitioners were asked to submit their option for Kalpana Nagar, Jagatpura but even after submission of options, plots were not allotted. The options were again sought in the month of September, 2005 for other area. At that stage, few petitions were filed to challenge the action of the respondents. Other petitions were filed from time to time till the year 2013.
(3.) THE respondents, on 24.5.2005, constituted a Sub -Committee for regularisation of encroachments and illegal constructions in PRN Scheme. The committee recommended regularisation of possession on certain charges. The recommendations were also made favourable to the petitioners for allotment of plots in Kalpana Nagar, Shree Rampura, Diggi -Malpura Road. The JDA, in the meanwhile, bestowed favour to some of the influential applicants of PRN scheme who were allotted plots in other schemes namely; Chitrakoot, Govindpura and Karghani excluding the petitioners from similar treatment. The petitioners thereupon served a notice for demand of justice and when no heed was paid to it, the writ petitions were filed at that stage. The petitions were ordered to be listed before the Division Bench where suo motu petition was also pending. The respondent JDA in the meanwhile took unilateral decision to allot plots to the successful applicants in Kalpana Nagar, Dayarampura beyond Kanota at Agra Road. Lottery was accordingly drawn on 14.4.2006. The Division Bench of this court thereupon issued notices in CW No. 2740/2006 (Sugan Singh & ors versus State of Rajasthan & ors) and passed an interim order to maintain status quo for the plots allotted in favour of the petitioners. The Division Bench thereupon decided suo motu petition vide its order dated 29.10.2010 confirming acquisition of land and vesting it in the government. A further direction was also given to carry out planned development of the area strictly in conformity to the provisions of law. A restrain order was also passed against constructions apart from continuing other interim orders passed from time to time in suo motu petition. With the disposal of the suo motu petition by the Division Bench, present writ petitions of the year 2006 apart from other petitions were ordered to be listed before the Single Bench.;