Sunil Ambwani, J. - (1.) BY this writ petition, filed in public interest, the petitioners, Shri Mahendra Singh & Others, residents of Mahavir Nagar -I, Jaipur, have prayed for the following reliefs: - - "a) the respondents may be restrained for not allotting the facility area measuring 1880 Sq. Yards (130'x130') having roads on Northern, Southern and Western side to Hadoti Samaj and Mahavir Sadhna Sansthan. b) in case the allotment letter has already been issued then the same may kindly be cancelled with a direction that facility area may not be allotted to any body, society or samiti and same shall be left for utilisation of the local residents. c) the respondent No. 1 may be directed to develop the facility area in planed and proper manner. d) any other appropriate order or direction which this Hon'ble Court may deem fit and proper may also kindly be passed in favour of the petitioners."
(2.) THE New Pink City Grih Nirman Sahakari Samiti Limited, developed housing schemes including the Mahavir Nagar Colony, near Tonk Road, Jaipur. In the Booklet published by the Jaipur Development Authority, Jaipur (JDA), of the list of the members in the schemes of the New Pink City Grih Nirman Sahakari Samiti Limited, upto 31.05.1994, the land of plot Nos. 803 to 808 in Mahavir Nagar Colony was described as a park. It is alleged that in the original plan of the Society, this land was reserved for children's park, measuring 1913.88 sq. yds., out of which in 187.77 sq. yds., swings (Jhoolas) were installed, and that the land measuring 1000 sq. yds. was proposed to be given to Hadoti Samaj(respondent No. 3), and in the same plot, 726 sq. yds. of land was proposed to be given to Mahavir Sadhna Sansthan/Mahavir Sadhna Kendra(respondent No. 4), vide letters of allotment dated 13.08.2001 and 06.08.2001. It is alleged that the allotment of land by the JDA to Hadoti Samaj and Mahavir Sadhna Sansthan, was illegal, untenable and without jurisdiction, inasmuch as the entire land of plot Nos. 803 to 808, measuring 1913.88 sq. yds., was left for children park, and that the installation of the swings was a proof of such reservation. The word "amenities" has been defined in sub -section (2) of Section 2 of the Jaipur Development Authority Act, 1982 (for short, 'the JDA Act'), which includes open spaces, parks etc. Chapter -V of the JDA Act deals with the Master Development Plan and Zonal Development Plan, in which Section 22 deals with Zonal Development Plan. Sub -clauses (x) to (xv) of sub -section (2) of Section 21 of the JDA Act, provide that the lands of gardens and parks reserved for open area/space, shall be specifically shown in the Master Development Plan, prepared by the JDA. The development has to be made in accordance with the existing Master Plan, or in accordance with the Zonal Development Plan, and no activity, either contrary to the Master Plan, or the Zonal Development Plan, is permitted to be carried out.
(3.) IT is submitted that a Division Bench of this Court in Rakesh and others v. The State of Rajasthan and others, decided on 07.07.2011, reported in, 2011(4) WLC 91, held that the regularization of the land, left as utility area in Kanota Bagh locality, was illegal and arbitrary, and quashed the the order of regularization. In Kamlakar Sharma v. State of Rajasthan,, 1996(3) WLC 611, it was held that the JDA Act absolutely bars the power of the JDA to carry out any modification or change in the existing development activity, as envisaged in the Master Development Plan, or the Zonal Development Plan, which does not affect or amount to material alteration, either in the character of the plan, or which does not relate to the extent of alteration of the land, which would be contrary to the user of the land, as indicated in the Master Development Plan. Any subsequent modification can only be done with the concurrence of the State Government.;