Alok Sharma, J. - (1.) THE petitioner is aggrieved of non -consideration of the application for allotment of the plot in Thatar Awasia Yozana stated to be launched by the Notified Area Committee, Amer, now merged with the Jaipur Municipal Corporation in the year 1988. The petitioner's case is that he submitted an application with a deposit of Rs. 500/ - fee on 15.7.1988 for allotment of a plot. According to the petitioner the plots in the Yozana in issue were to be allotted, was to be all under a lottery preceded by publication of the date thereof in Local Newspapers. It has been submitted that the notification for conducting of lottery was not made and the petitioner's application kept pending. The allegation further is that no information at all has been conveyed to the petitioner as to the status of his application despite various representations on the issue starting with one on 20.5.1989 followed by those on 7.8.1989, 4.9.2004, 3.1.2005 and 6.8.2008 - all of no avail.
(2.) IT has been submitted that in the circumstances the petitioner invoked the provisions of the Right to Information Act, 2005 (hereinafter 'the Act of 2005') whereupon on his application he was informed vide letter dated 12.4.2014 under the hands of Public Information Officer & Commissioner, Amer Zone, Jaipur Municipal Corporation, Jaipur that Thatar Awasia Yozana was in respect of 331 plots of which 223 plots were allotted and 64 plots are still lying vacant. It was also stated in the aforesaid information supplied under the Act of 2005 that the last allotments in Thatar Awasia Yozana were made in July 1988 and thereafter no further allotments were made owing to disputes pending before the Courts. It has been submitted that the information by the Designated Information Officer being inadequate, the petitioner filed an appeal before under the Act of 2005 before the Mayour, Jaipur Municipal Corporation, Jaipur (hereinafter 'the Appellate Authority'). The Appellate Authority vide order dated 6.7.2012 required the Commissioner, Amer Zone, Jaipur Municipal Corporation, Jaipur to supply complete information sought by the petitioner within a period of 15 days. A second appeal to the Rajasthan Information Commission, Jaipur resulted in a penalty of Rs. 25,000/ - on the Commissioner, Amer Zone, Jaipur Municipal Corporation, Jaipur for non -compliance with the direction to furnish the petitioner the requisite information with regard to the Thatar Awasia Yozana. It has been submitted that while on the one hand the petitioner had been denied allotment of residential plot in the Thatar Awasia Yozana on his application filed in 1988, on the other the Jaipur Municipal Corporation sought to auction plots in the aforesaid residential Scheme as evident from the advertisement dated 18.3.2014. Demand for justice at the instance of the petitioner in the circumstances however illicited no response. It has been submitted that subsequently advertisements on 1.5.2014, 29.7.2014 and 11.8.2014 were issued by the Jaipur Municipal Corporation, Jaipur for auction of residential plots in Thatar Awasia Yozana. Hence this petition aggrieved of the arbitrariness of the Jaipur Municipal Corporation in non -allotment of a residential plot to the petitioner in the Thatar Awasia Yozana for over last 26 years. It has been submitted that the auction of the residential plots in the Thatar Awasia Yozana is therefore liable to be quashed and set aside and the respondent - Jaipur Municipal Corporation, Jaipur be directed to allot a residential plot to the petitioner in Thatar Awasia Yozana pursuant to his application at the rate then prevailing in the year 1988.
(3.) HEARD the counsel for the petitioner and perused the writ petition.;