V.K.SINGHAL,J. - (1.) THIS writ petition has been filed as a public interest litigation on the alleged ground of in -action on the part of Jaipur Development Authority in not approving the plans for construction of buildings in Jaipur. The various grievances which have been raised in the writ petition including the publication of the rules, regulations and copies of bye -laws and delay in disposal of the applications. The corruption is alleged to be prevailing.
(2.) LEARNED Counsel for the petitioner has submitted that there is an abnormal delay and the public at large is sufferer for the in -action or delay which is some -time deliberate and sometimes because of lethargy on the part of the staff and officers and the JDA should adopt a procedure by which the plans are approved within minimum possible time as contemplated under Section 17 of the Jaipur Development Authority Act and Section 170 of the Rajasthan Municipalities Act, it is also stated that the files are mis -placed and no action is being taken. The favour is done to some while the others are discriminated. The secretary and the Incharge of the Planning Department of JDA and Incharge of Building, plan Approval Committee of Municipal Corporation were called for. The arguments of learned Counsel for both the parties have been heard at length. In view of the various submissions and the clarification which have been given by the respondents, the following directions are being issued: (a) The JDA shall publish the rules and regulations and the standing orders and would make them available to the public at cost. This exercise of publication shall be completed within a period of three months. if the bye -laws, rules and regulations are published, the applicants would be able to know the various requirements and the compliance would be made accordingly. This would save the time in scrutinising the applications and would be in the interest of general public as well as the JDA/Corporation. The publication would be priced one for which a reasonable amount would be fixed by the Commissioner, JDA. With regard to the allegation of loss of files, the Commissioner JDA would get a list of existing files prepared within a period of 9 months. (b) In respect of the files already lost, appropriate action would be taken and the files which are now available if they are lost, the personal responsibility of staff/officer would be fixed. Besides, the disciplinary action, the Commissioner would take the criminal action in accordance with law. (c) In respect of plots upto 400 sq.mtrs. of the scheme of JDA or UIT, it is stated that if the plot is a vacant one, then the applicant is required to submit the plan and only a pro -forma is given on which the permission is given within a week's time. This procedure would continue and to that category of applications, there would be no problem. (d) In respect of other applications, it may be observed that the pendency has tremendously been reduced which shows that the JDA itself is keep in improving its image and efforts are being taken. I have no doubt that sincere efforts of the JDA would provide the necessary relief to the applicants who are in need of a residential unit which is one of the necessity of life. In order to decide the applications within time permitted by law, it is stated that now besides the application along with relevant documents Including the building plan the applicant would be required to submit two extra sets so that three sets are received by the receipt clerk and are sent to the concerning Zonal Officer, Accounts Department and Technical Department. These papers would be received by them on the next working day and they would submit the report within seven days. It is stated that in respect of building plan of the residential unit, it is processed by BPC I while BPC II considers the matters regarding commercial plots and group housing flats in respect of private land, auctioned land or allotted land. If the application is complete then there is no problem, but if there is any defect, the opportunity would be given to the applicant to, remove the defect or to appear in person for clarification. A letter by registered post would be sent to the applicant at the address given in the application. If the defects are removed within the stipulated time or it is satisfied by the applicant on personal hearing that the said defect is to be waived or does not exist then the matter would be placed before the BPC I or II as the case may be. The meeting of the BPC would be held on 1st and 16th of every month and if those dates happen to be holiday then on the next working day. (e) If on the opportunity being given by registered notice, the appellant fails to appear and fails to remove the defects, the respondents would be justified in rejecting the application and in such a case a fresh application will be required to be submitted if the applicant wants to get his plan approved. The defects which were pointed out would be removed while submitting the application afresh. (f) It is stated that the standing order No. 501 dated 21.9.1990 has been issued for proper guidelines to the officers so that the application may be disposed of expeditiously. The said standing order along with other standing orders shall also be published for the guidance of the public as mentioned above. (g) If the application is not Scrutinised by the Administrative wing, Accounts wing and the Technical wing within the stipulated time, the Chairman, Jaipur Development Authority would be competent to take disciplinary action against the persons responsible for delay, so would be the position of the said application is not placed before the Building Plan Committee. (h) There may be a circumstance where the applicant is required to produce the NOC which has to be obtained from other departments and it is not within his power to obtain NOC within 15 days time mentioned above, in such a case reasonable time would further be given on the request of the applicant whenever it is pointed out that the said certificate or requirement could not be complied with for the reasons beyond their control and would be complied with within such further time as may be desired by them. (i) It has been pointed out that a decision has already been taken by the JDA on 24th April 1994 in respect of multi -storied buildings which is as under: The process of approval of plans was further discussed in detail at the level of JDC. It was decided that following measures be taken in this regard: 1. A checklist of points scrutiny will be prepared to ensure that the preliminary scrutiny is of a thorough nature and that the file submitted by the applicant is complete In all respects. 2. A.T.P. (BPC -ii) will be authorised to check the file before submission with respect to the checklist and will record the comments. 3. The applicant will submit the file in BPC -II Cell only after it is checked by A.T.P. (BPC -II) that the file is complete and it is not complete the file would be returned back with necessary instructions tickmarked on the precyclostyled checklist. If the file is complete, ATP (BPC -II) will tick the completed formalities in the format. 4. If the file is not complete Member Secretary, BPC -II will give hearing to the applicant on next Monday and clearify the points to the applicant to clear the formalities pending. Member Secretary, BPC -II will have fixed days for hearing duly notified. 5. Further, after hearing, 15 days time will be given to the applicant for further clearance of the pending formalities. 6. After the clearance, the applicant will submit three sets of files; The first file will be submitted by applicant with relevant documents with Building Plans which will be processed by Member Secretary, BPC -II and will remain in BPC -II Cell. The second file to be submitted by applicant will contain only documents regarding Land ownership etc. which will be sent to ZIC tocomplete the formalities of the ownership and accounts report. The third file will be for the CRO who will submit on the same. The date of sending the file to AIC and CRO will be recorded on file and ZIC and CRC will send this file back to BPC -II Cell within 15 days. 7. Thus, henceforth three sets of files will be given by the applicants on counter naming A, B, C with necessary directions regarded on the same. 8. When both the ownership and account report is received back from the concerned cell, Member Secretary, BPC -II will submit the case in the next BPC -II meeting. 9. The applicant will be advised to deposit the file only between 1st to 8th day of the month and then between 16th to 23rd day of the month. 10. If change of land use is involved in any case the relevant photocopies will be sent to STP (CPC Cell for formality of change of induse. 11. BPC -II Cell will process the case completely and then submit to BPC - II meeting. It Is directed that no immature case will be submitted In the meeting. 12. It was further decided that if it is found that the drawings submitted and areas calculation mentioned on the drawing are against the bye laws, then M.S. (BPC -II) will send the notice with relevant documents and drawings to Director (T.P.). Director (T.P.) will approve on file for cancellation of Registration of Architect and then send the file to CPC Cell for further processing of blacklisting of Archtect by STP (C.I.). 13. A file movement sheet will be printed on the back side of file cover and movement of file will be recorded on it.
(3.) THE action as mentioned above for JDA would be applicable to the Municipal Corporation and the Mayor of the Corporation would ensure that the above procedure is followed so that the applications are dealt with within time permitted in the Act itself. For the delay the personal responsibility would be fixed and disciplinary action would be taken against the officer responsible.;