M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the notice dated 4th September, 2017 issued by the Jaipur Development Authority and the order dated 13th October, 2017 passed by the Appellate Tribunal, Jaipur Development Authority (for short "the Tribunal").
(2.) The petitioner preferred an appeal before the Tribunal to challenge the notice under Section 72 of the Jaipur Development Authority Act, 1982 (for short "the Act of 1982"). It was stated that the land in question was converted by the erstwhile State of Jaipur in the year 1945. It was on the application of the then land holder. The land was then sold to Basant Bahar Sindhi Sahkari Housing Samiti Limited (for short "the samiti). The said samiti prepared a housing scheme and presented it before the Urban Improvement Trust, Jaipur, then existing. The scheme was approved followed by approval of the site plan of the plot in dispute i.e. A-11, Basant Bahar Residential Colony, Gopalpura Byepass, Jaipur. The plot was measuring 950 sq.yd. The approval of the map also shows same area though indicated in metres instead of yards. The land measuring 20x100 ft. was not approved showing it to be part of the road. The remaining approved area was shown to be of 950 sq.yd. The part of it was sold to the petitioner by Nathumal through an agreement to sale and sale deed was executed by his son by dividing Plot No.A-11 in many parts. Learned Tribunal recorded finding that land possessed by the petitioner is part of the road. It was with exclusion of 211 yd. out of 950 sq.yd. The finding has been recorded that approval of site plan of land was for 64x100 ft. after exclusion of 20x100 ft. area.
(3.) Learned counsel for petitioner submits that finding has been recorded contrary to the approved plan. After approval of the plan, the land remained 87x100 ft. though in the rear side, the width was 84 ft., instead of 87 ft. The approved plan gives measurement of the total land, however, the Tribunal found overwriting on it at the instance of the petitioner though if any overwriting exists, it was at the instance of the then UIT, Jaipur. The confusion remained in the mind of the Tribunal in regard to area. The plot size was to be 950 sq.yd. and if it is converted in metre, same area comes as has been taken by the Tribunal though showing it to be in yards instead of metres. If proper conversion of the plot of 950 sq.yd. is made in metre then it would be same, as given in the site plan, accordingly, finding of fact recorded by the Tribunal needs to be interfered. It is moreso when it goes against approved plan produced before it showing dimension of the land and even to total approved area.;