M.N. Bhandari, J. - (1.) By this writ petition, a challenge is made to the order dated 12.5.2017, passed by the Appellate Tribunal, Jaipur Development Authority, Jaipur with a prayer to allow the appeal preferred by the petitioner-institution. A further prayer is to quash the show cause notice dated 29.5.2014 and the order dated 6.6.2014 of the Jaipur Development Authority, Jaipur (for short 'the JDA'). The respondent-JDA may be restrained to create hindrance in peaceful possession of the land and declare their action to be illegal in dispossessing the petitioner-institution from the land in question. BRIEF FACTS OF THE CASE -
(2.) It is stated that a land admeasuring 8088 square yards was allotted for construction of boys' hostel as well as for bona fide use of the petitioner institution. A patta was issued on 9.1.1951 on certain terms and conditions. The petitioner institution submitted layout plan in the year 1962 for construction of the building. The approval to the map was not given by the erstwhile Urban Improvement Trust, Jaipur (for short 'the UIT') due to acquisition proceedings of the land near Sansar Chandra Road. The land in question was also notified for acquisition but having been allotted to the petitioner institution, proposal was made to drop it. The petitioner institution requested the then UIT to approve the layout plan for construction of building but no order was passed due to acquisition proceedings though the UIT sent a letter to the State Government on 3.10.1968 for dropping acquisition proceedings. The petitioner institution repeatedly sent letters to the erstwhile UIT and the Government to approve the maps so as to raise construction but no decision was taken by the respondents and thereby petitioner institution could not undertake construction.
(3.) The petitioner institution was declared to be a deemed university in the year 1971, hence, considering their future plan, State Government was requested to convert the land use so as to generate revenue to meet with growing financial need. A letter was sent on 4.1.1974. The State Government agreed for conversion of land vide their order dated 3.7.1982, however, by another letter dated 2.7.1983, amended the condition. The petitioner institution made representation against it. The State Government thereupon issued another letter on 23.12.1992 to waive the condition.;