- (1.) In this writ petition filed in public interest, the residents of Kanota Bagh Colony, Jaipur, have prayed for direction to set aside the letter dt. 29.12.2009 and to declare any title documents executed in pursuance to the order dt. 29.12.2009 to be illegal, null and void. They have also prayed that the change of use of facility area in Plot No. 44, Kanota Bagh Scheme, Devi Path, Jaipur, which was earmarked/reserved for facility area (public park) in the approved layout plan to residential purpose, be declared to be invalid and without jurisdiction, being contrary to the legislative intent to safeguard, healthy and general welfare of the people of the locality. Petitioners have also prayed that the State respondents, including the Jaipur Development Authority be directed to develop a public park of the Kanota Bagh Residential Colony on the plot in question. The entire basis of the argument is the layout plan sanctioned by the U.I.T., Jaipur on 08.06.1960 on which the land is shown to be open area.
(2.) The private respondents have relied on a registered sale deed in their favour from the original khatedar dt. 2.6.1958 for 993.1/3 square yards of land by which Shri Asit Daga, Labh Chand and Surendra Kumar Soni, the respondents in this writ petition and predecessors in interest of Subhash Shah, had purchased the property. By the judgment and decree dt. 22.7.1993 in Original Suit No. 1084/1985 Asit Daga vs. U.I.T., Jaipur, the suit for permanent injunction filed by Asit Daga and others against the U.I.T. was decreed with the directions that the U.I.T. should not interfere with the rights of Asit Daga over the land in dispute. A regular Civil Appeal No. 114/1993 against the judgment was dismissed on 24.4.1997. The Jaipur Development Authority, succeeding the U.I.T., filed a Second Appeal No. 268/1999, which was dismissed for want of prosecution. A Restoration Application was filed by the Jaipur Development Authority. The Restoration Application No. 521/2009 was dismissed as withdrawn on 22.2.2011, with which the litigation between the parties namely, the private respondents in this case and the U.I.T. succeeded by the Jaipur Development Authority, came to an end with regard to title over the land in dispute.
(3.) The petitioners have relied on a judgment of this Court rendered in DBCWP No. 13084/2009 Rakesh vs. State of Rajasthan on 7.7.2011 in which it has been held that facility area or public park should not be allotted to anyone, using the residential area in Colony. He has also relied upon the decision, taken by the Jaipur Development Authority that certain area in excess of the residential area of Kanota Bagh Colony was held to be available for allotment by the State Government.;