RATHORE, J. - (1.) BOTH the public interest litigation involve similar issue, therefore, are being decided by this common order.
(2.) THE main challenge in the aforesaid writ petition is with regard to land use and to maintain ecology zone as per Master Development Plan-2011 and asking for direction in the nature of mandamus to restrain the respondents from allowing indiscriminate urbanisation and exploitation of the ecological zone. THE aforesaid relief has been sought in respect of the area namely Jhalana Hills and area abutting thereto shown as green belt ecological zone in the Jaipur Master Development Plan-2011. As per Master Development Plan-2011, the land utilization has been categorised as (1) Rural area (2) Ecological Zone and (3) Urbanisable Area. Since in the writ petitions, the main issue has been raised to maintain ecological zone. For the purposes of ecological zone, it has been mentioned in the Master Plan itself that functions and activities which are eco-friendly and occupy minimum built up area for incidental use may come in this zone. It it also not disputed that the Master Development Plan came into force w. e. f. 1. 1. 1998. The Master Development Plan while dealing with the eco-system and environment, in unequivocal terms lays down that al development programmes are sensitive to the issues related to the fragile eco-system and are implemented while maintaining balance with nature. It is vital that development plans are so executed that as far as possible pollution free environment is available in the region. The maintaining of ecological zone in conformity with the master Development Plan is the basic structure and character of the Master Development Plan, therefore, any modification quo Master Development Plan thereby changing ecological zone under Section 25 of JDA Act is not permissible and cannot be allowed to sustain. The Deputy Commissioner Zone A-2 vide order dated 30. 10. 2002 sent the file to the State with the comments that in view of the facts available on file, technical report should be obtained and the public notice is required to be issued in terms of Section 25 of the JDA Act may be processed and issued with the prior approval of the Commissioner of JDA. On 31. 1. 2002 and 26. 8. 2003, the respondent State processed the file for further necessary order by the Commissioner, JDA. Ultimately,t he approval was given by the Commissioner on 1. 8. 2003. Thereafter, the public notice was issued on 14. 8. 2003 under sub-section 3 of Section 25 of the JDA Act.
(3.) SINCE the writ petitions have been filed with regard to land use of Jhalana Hills and related ecological zone in the residential and mixed land use and the same can only take place when the modification of plan is approved by the State Government. The committee headed by the Chief Secretary to the Government has considered the entire aspect and the Committee is of the opinion that under the provisions of the JDA Act, 1982, the State Government is competent to allow this area t be utilised for other activities after following the procedure prescribed under Section 25 of the JDA Act, 1982. Once the amendments are made in the Master Development Plan in accordance with Section 25, the amendments have the same force as the original Master Development Plan. The Committee further observed that when the Master Development Plan of Jaipur-2011 was being prepared, the framers of the Master Plan presumed that the future growth of Jaipur City would be only towards the West side and South side. The area on which the East side adjoining the existing Jaipur City was set apart for as ecological zone. However, the presumption was appear to have not been correct. The committee also observed that the area east of the Jhalana Hills and South of the Jaipur-Agra Highway (between the railway line and the Kho Nagoriyan Road and Goner Road) is all private khatedari land. This land has not been acquired by the Jaipur Development Authority or any other Government Department. It is also not possible for the State Government to acquire such a large area for maintaining it as a green belt. Keeping in view the growing pressure on land for housing and the fact that all this land is private khatedari land and it is in close vicinity of Jaipur City, it would be difficult to ensure that housing colonies do not develop on this land. In fact substantial portions of this land have already been utilised for housing. considering the overall position the Committee is of the view that it would be proper to all planned development of housing on this land. It Jaipur Development Authority does not allow planned housing development on this land the chances are that unplanned housing will take place on this land which would not be in the interest of the city of Jaipur. ;