Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioner -Jaipur Development Authority(for short 'JDA') assailing judgment dated 07.10.2014 passed by Jaipur Development Authority Appellate Tribunal, Jaipur (hereinafter referred to as 'the Tribunal') whereby appeal filed by the respondent has been allowed and order dated 20.08.2014 cancelling allotment of land to the respondent has been set aside.
(2.) FACTS of the case are that the respondent, Indrawati Devi Bagrodia Seva Kosh, filed an appeal before the Tribunal stating that it is a trust created on 07.07.1994 for social works and main purpose of the trust is to establish schools, colleges for education of children, old -age homes, hospitals etc. The respondent -trust applied for allotment of 80,000 sq. meters of land for construction of old -age home upon which the petitioner -JDA allotted 4960 sq. meters of land in Bambala Institutional Area at a nominal concessional rate, i.e. 5% of reversed price vide order dated 20.04.2002 (Annexure A/3 of appeal). A lease deed was executed in pursuance of aforesaid allotment on 02.05.2003. It has been stated that as per terms of lease deed, the respondent was to start and complete construction within two years of allotment failing which the land in its position as it is will be resumed on refund of 75% of the deposited amount without interest and no compensation. According to respondent, it submitted plans/maps for construction to the petitioner for approval on 17.05.2005. However, the respondent was informed on 14.07.2009 that the plans are under consideration and further action will be possible when the time for construction is extended. The Government vide order dated 16.10.2007 waived resumption charges and thereafter issued an order on 25.01.2010 directing the petitioner -JDA to approve the maps/plans. Maps were approved and permission for construction was granted to the respondent by the petitioner vide order dated 11.02.2010 which was to remain in force upto January, 2013, but the respondent was served a notice dated 17.07.2013 to the effect that construction was to be completed by 31.03.2012 which has not been done. The respondent submitted reply thereto on 23.07.2013 asserting that time for construction was extended upto January, 2013 and within that time construction has been carried out, but suddenly, the petitioner -JDA vide order dated 20.08.2014 has cancelled the allotment of land alleging non -compliance of the terms of the lease deed. Being aggrieved by the said order, the respondent filed an appeal before the Tribunal.
(3.) PETITIONER -JDA contested the appeal before the Tribunal and filed reply thereto. According to JDA, the respondent did not comply with the terms of the allotment. Instead of commencing the construction after getting the plans approved from JDA within six months and completing the same within a period of two years from allotment and using it for the purpose for which it has been allotted, the application for approval of plan itself was submitted after expiry of three years from the allotment. Time for completion of construction was extended by the Government vide order dated 21.09.2011 upto 31.03.2012 but the construction was not completed within such time. Hence, notice was served upon the respondent asking to show cause as to why allotment may not be cancelled and thereafter, allotment has been cancelled vide order dated 20.08.2014.;