M.N. Bhandari, J. - (1.) THESE misc. applications have been filed for clarification/modification of the judgment delivered by this court on 5.7.2013 in bunch of writ petitions led by CW 2740/2006, Sugan Singh & ors versus State of Rajasthan & anr.
(2.) MISC . Application No. 130/2015 has been filed by the Jaipur Development Authority (for short 'the JDA') for clarification/modification of direction No. 1 of the judgment supra. The other applications have been filed by few petitioners thus all the applications have been heard together and are decided by this common order. Learned counsel for the JDA submits that direction No. 1 of the judgment (supra) should apply to those applicants who remained successful in draw of lottery and deposited amount pursuant to the demand for allotment of a plot in Prithvi Raj Nagar Scheme (for short 'PRN') excluding those who had withdrawn their amount subsequently or issued possession letter in other scheme/s. The words "lease deed" in para (1) of the direction may thus be substituted by the words "possession letter". It is looking to the fact that after registration of the application for allotment of plot in PRN, lottery was drawn followed by a letter mentioning plot number of PRN in favour of few applicants. The demand letter was also issued followed by deposition of the amount. The direction No. 1 of the judgment applies only to the said category. It is excluding those who had withdrawn the amount after depositing it in pursuance to the demand for PRN or to those who were subsequently opted for Kalpana Nagar followed by possession letter with a request to take lease deed within a period of thirty days from the date of issuance of the letter. Those who did not apply for lease deed, was due to their default and cannot take benefit of it thus the words "lease deed" may be substituted by the words "possession letter" in para (1) of the direction in the judgment (supra) to have clarity.
(3.) IT is also stated that the JDA, by taking wrong interpretation of the directions given in the judgment (supra), issued lease deed in favour of 62 applicants who are not falling under para No. 1 of the directions. Those 62 applicants were given allotment letter for Kalpana Nagar and not of PRN, hence the JDA is intending to cancel their allotment letters/lease deeds in PRN by maintaining it for Kalpana Nagar. The four other similarly placed applicants have not been issued possession letter/lease deed in PRN. The clarification sought aforesaid would make the things clear thus, application may be allowed.;