SHARMA, J.—The source are the people of India and the solemn resolution is that of the people of India to constitute this ancient country India i.e. Bharat into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC through the media of a bulky document which we call the Constitution of India. The beneficiaries are also the people of India as they had on twenty-sixth day of November, 1949 in their Constituent Assembly adopted, enacted and gave to themselves this document. The three wings Executive, Legislature and Judiciary are trustees in whom the creators of trust have reposed absolute confidence as these trustees have undertaken to swear in the name of God or to solemnly affirm that they would bear true faith and allegiance to the Constitution of India as by law established and would do right to all manner of poeple in accordance with the Constitution and the law, without fear or favour, affection or ill will. The object of this great trust is to secure to all citizens of India, inter alia, justice, social, economic and political, equality of status and of opportunity and to promote among them all Fraternity assuring the DIGNITY OF THE INDIVIDUAL and the unity and integrity of the Nation. 2. It is fundamental in the governance of the country by the directive contained in Article 38 of the Constitution of India that the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. The State shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations. 3. The State shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations. 3. In return of the benefit conferred to the people of India, every citizen of India has owed it as their fundamental duty inter alia to abide by the Constitution, to promote harmony and the spirit of common brotherhood, to value and preserve the rich heritage of our composite culture, to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures, to develop the scientific temper, humanism and the spirit of inquiry and reform, to safeguard public property and to adjure violence and above all to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. 4. Adequate means to livelihood, clothings to cover body from nudeness and rough weather and a roof-shelter are basic and elementary necessities of human life. Article 39 of the Constitution lays down general principles of policy to be followed by the State by enjoining that the State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means to livelihood and that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. Article 43 directs the State Government to endeavour to secure to all workers, agricultural, industrial or otherwise, not only a minimum wage but a living wage. Above all is contained that equalizing factor which proclaims by Articles 14 & 15 the fundamental rights that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India and that the State shall not discriminate against any citizen on grounds only to religion, race, caste, sex, place of birth or any of them. 5. 5. Article 12 of the Constitution of India provides that in Part III of the Constitution, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. 6. A public authority is a body which has public or statutory duties to perform and which performs those duties and carries out its transactions for the benefit of the public and not for private profit. Such an authority is not precluded from making a profit for the public benefit (see Halsburys Laws of England 3rd Ed. Vol. 30 paragraph 1317 at p. 682). Ramana Dayaram Shetty v. International Airport Authority of India, (1) widened the judicial opinion regarding interpretation to be given to the expression "other authority" and International Airport Authority of India was held to be an "authority" falling within the meaning of "State" under Article 12. In Som Prakash Rekhi V. Union of India, (2), Krishna Iyer, J., laid down five tests and Bharat Petroleum Corporation Ltd. was held as "State". In Ajay Hasia V. Khalid Mujib Sehravardy (3), the Constitution Bench of the Supreme Court held the society which managed the Regional Engineering College at Srinagar and several others elsewhere to be "State" within the meaning of Article 12 and in limited applicability of Part III of the Constitution. 7. The Jaipur Development Authority Act, 1982 (Rajasthan Act No. 25 of 1982) (for short, hereinafter, "the Act"), which received the assent of the President on 12th day of October, 1982, provided for the composition and constitution of the Jaipur Development Authority (for short, hereinafter, "the JDA") for what avowed aims and objects ? It is an Act for forming Jaipur city and certain contiguous areas into a Jaipur Region, to provide for the establishment of an Authority for the purposes of planning, co-ordinating and supervising the proper, orderly and rapid development of the Jaipur Region and of executing plans, projects and schemes for such development and to provide for matters connected therewith. It is an Act for forming Jaipur city and certain contiguous areas into a Jaipur Region, to provide for the establishment of an Authority for the purposes of planning, co-ordinating and supervising the proper, orderly and rapid development of the Jaipur Region and of executing plans, projects and schemes for such development and to provide for matters connected therewith. For what reasons and objects the answer was given to this question in the preamble of the Act: — "Whereas Jaipur City and areas contiguous to it are being progressively developed and populated, and the necessity is being increasingly felt for forming these areas into Jaipur Region and for setting on of an Authority for the purpose of planning, co- ordinating and supervising the proper, orderly and rapid development of these areas, in which several government department, local authorities and other organisations are at present engaged within their own jurisdictions; to provide also that such authority be enabled either itself or through other authority to formulate and execute plans, projects and schemes for the development of Jaipur so that housing, community facilities, civic amenities and other infra-structure are properly created for the population of Jaipur Region in the perspective of 2001 A.D. or thereafter including the intermediate stages; and to provide for matters connected with the purposes aforesaid." 8. Preamble was as long as the objectives were high. The substance was proper, orderly and rapid development of areas of Jaipur region so that housing, community facilities, civic amenities and other infra-structure was properly created for the population of Jaipur region (which on account of Jaipur, being the capital city of Rajasthan, is bursting) in the perspective of 2001 A.D. so that the inhabitants of this capital and well planned city of Jaipur might put their foot-steps in Twenty first century with dignity, decent standard of life and full enjoyment of leisure and social and cultural opportunities. In the composition of J.D.A. are State Minister, Chief Secretary to the Government of Rajasthan, Secretary to the Government, Urban Development and Housing Department, other Secretaries of Government, Chief Town Planner and Architectural Adviser and other high officers of the Government and it has its executive Committee. The State Government appoints to JDA, Jaipur Development Commissioner who is a member of All India Administrative Service. The State Government has power to constitute a Functional Board called as the "Jaipur Traffic Control Board. The State Government appoints to JDA, Jaipur Development Commissioner who is a member of All India Administrative Service. The State Government has power to constitute a Functional Board called as the "Jaipur Traffic Control Board. Section 16 of the Act defines the purpose and functions of JDA and they inter alia include preparing schemes and advising the concerned authorities, departments and agencies in formulating and undertaking schemes for development of agriculture, horticulture, bloriculture, forestry, dairy development, transport, communication, schooling, cultural activities, sports, medicare, tourism, enter-tainment and similar other activities and also undertaking housing activity in Jaipur Region; provided that the delineation of responsibility for housing between Rajasthan Housing Board and JDA will be made by the State Government effective from the date to be fixed by it. Urban planning including the preparation of Master Development Plan and Zonal Development plans and carrying out survey for the purpose and formulation and sanction of the projects and schemes for the development of the Jaipur Region or any part thereof and further execution of those projects and schemes are some of the important functions of JDA to secure the integrated development of the Jaipur Region. Under section 21 of the Act, JDA has power to prepare Master Development Plan for Jaipur Region and u/s. 22 simultaneously or soon thereafter Zonal Development Plan. JDA with the approval of the State Government may make modifications into the plan in order to promote planned development. State Government u/s. 28 within ten years from the date on which a plan comes into operation can direct the JDA to revise the plan. As soon as may be after a Zonal plan comes into operation as provided in section 24, the JDA may, by notification in the Official Gazette, declare any area in Jaipur Region to be a development area for the purposes of the Act. Power to require removal of unauthorised development is vested in JDA by section 32 to 35 of the Act. Section 38 of the Act states that "subject to the provisions of the Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan, may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary. Section 38 of the Act states that "subject to the provisions of the Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan, may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary. Section 45 of the Act provides that "where, on any representation from the Authority, it appears to the State Government that, in order to enable the Authority to perform any of its functions or to discharge any of its duties or to exercise any of its functions or to discharge any of its duties or to exercise any of its powers, or to carry out of its projects or schemes or development programmes, it is necessary that any land in any part of the Jaipur Region should be acquired, the State Government may acquire the land by publishing in the Official Gazette a notification to the effect that the State Government has decided to acquire the land in pursuance of the section. 9. The Jaipur Region Development Fund receives contribution to be made by the State Government. Initial contribution by the State Government to the Fund was rupees one crore. The State Government may guarantee repayment of the loan raised or given by the Authority. The Accounts of the Authority are subject to audit by the Examiner, Local Fund Audit in accordance with the provisions of the Rajasthan Local Funds Act, 1954. The copy of the Annual budget approved by the Authority in respect of each financial year are required to be forwarded to the State Government. 10. Section 90 of the Act provides that the Authority shall exercise its powers and perform its duties under the Act in accordance with the policy framed and the guide-lines laid down from time to time by the State Government for development of the areas in the Jaipur Region. J.D.A. has to prepare after the end of each year ending on the 31.03.a report of its activities during the previous year and submit to the State Government before the 30th September. The State Government has to cause to be laid on the table of the house of the State Legislature such annual report including the statement of accounts. J.D.A. has to prepare after the end of each year ending on the 31.03.a report of its activities during the previous year and submit to the State Government before the 30th September. The State Government has to cause to be laid on the table of the house of the State Legislature such annual report including the statement of accounts. Chapter IV of the Act provides for offences under the Act, punishments and penalties therefore, cognizance of offences, power of police officers, notices and suits against the Authority. Under Sec. 95 of the Act, the State Government has power to make rules for the purpose of carrying out generally the provisions of the Act and the JDA has power to make regulations for all or any of the matters to be provided under the Act by regulations and for all other matters necessary for the exercise of its powers and discharge of its functions and duties under the Act. The power of dissolution of the Authority vests in the State Government u/s. 98 of the Act when the purposes for which JDA was established have been substantially achieved and upon its dissolution, the functions of JDA shall be discharged by the State Government. 11. In Smt. Ujjam Bai vs. State of U.P., (4), Shah J., adding a note to the leading judgment of Bhargava J., observed : — "Authorities, constitutional or statutory, invested with power by law but not sharing the sovereign power do not fall with the expression "State" as defined in Article 12. These authorities which are invested with sovereign power i.e. power to make rules or regulations and to administer and enforce them to the detriment of citizens and others fall within the definition "State" in Article 12, and constitutional or statutory bodies which do not share that sovereign power of the State are not, in my judgment, "State" within the meaning of Article 12." 12. In Sukhdev Singh v. Bhagatram Sardar Singh Reghuvanshi (5), the question was whether three Corporations, namely, the Oil and Natural Gas Commission, the Life Insurance Corporation and the Industrial Finance Corporation were "authorities" within the meaning of Article 12. In Sukhdev Singh v. Bhagatram Sardar Singh Reghuvanshi (5), the question was whether three Corporations, namely, the Oil and Natural Gas Commission, the Life Insurance Corporation and the Industrial Finance Corporation were "authorities" within the meaning of Article 12. Mathew J., added to the judgment of Ray C.J., by observing : — "The test propounded by the majority is satisfied so far as the Oil and Natural Gas Commission is concerned as section 25 of the Oil and Natural Gas Commission Act provides for issuing, binding directions to third parties not to prevent the employees of the Commission from entering upon their property if the Commission so direct. Disobedience of such direction is punishable under the relevant provision of the Indian Penal Code since those employees are deemed to be public servants under section 21 of the Indian Penal Code by virtue of section 27 of the Act, the Commission is an "authority" within the expression "other authorities" in Article 12." 13. Mathew J., referred to the precedents and other authorities from England, France and United States and at page 1357 of AIR stated : — "The ultimate question which is relevant for our purpose is whether such a Corporation is an agency or instrumentality of the government for carrying on a business for the benefit of the public. In other words the question is, for whose benefit was the Corporation carrying on the business? When it is seen from the provisions of that Act that on liquidation of the Corporation, its assets should be divided among the shareholders, namely, the Central and State Governments and others, if any, the implication is clear that the benefit of the accumulated income would go to the Central and State Governments. ......The crux of the matter is that public Corporation is a new type of institution which has sprung from the new social and economic functions of government and that it therefore does not neatly fit into old legal categories. Instead of forcing it into them, the later should be adopted to the needs of changing times and conditions. I do not think there is any basis for the apprehension expressed that by holding that these public Corporations are "State" within the meaning of Article 12, the employees of these Corporations would become government servants." 14. Instead of forcing it into them, the later should be adopted to the needs of changing times and conditions. I do not think there is any basis for the apprehension expressed that by holding that these public Corporations are "State" within the meaning of Article 12, the employees of these Corporations would become government servants." 14. The decision in Ramana Dayaram Shetty v. International Airport Authority of India, (supra), the Court observed : — "In the first place, the Chairman and Members of the first respondent are all persons nominated by the Central Government and the Central Government has also the power to terminate their appointments as also to review them in certain specified circumstances. The Central Government is also vested with the power to take away the management of any airport from the first respondent and to entrust it to any other person or authority and for certain specified reasons, the Central Government can also supersede the first respondent. The Central Government has also power to give directions in writing from time to time on questions of policy and these directions are declared binding on the first respondent." 15. In Ajay Hasias case (supra), the Court summarised the position at page 496 of AIR :-¦ "The tests for determining as to when a Corporation can be said to be an instrumentality or agency of Government may now be culled out from the judgment in the International Airport Authoritys case. These tests are not conclusive or clinching, but they are merely indicative indicia which have to be used with care and caution because while stressing the necessity of a wide meaning to be placed on the expression other authorities, it must be realised that it should not be stretched so far as to bring in every autonomous body which has some nexus with the Government within the sweep of the expression. A wide enlargement of the meaning must be tempered by a wise limitation. A wide enlargement of the meaning must be tempered by a wise limitation. We may summarise the relevant tests gathered from the decision in the International Airport Authoritys case as follows : — "(1) "One thing is clear that if the entire share capital of the Corporation is held by Government it would go a long way towards indicating that the Corporation is an instrumentality or agency of Government." (2) "Where the financial assistance of the State is so much as to meet almost entire expenditure of the Corporation, it would afford some indication of the Corporation being impregnated with governmental character." (3) "It may also be a relevant factor whether the Corporation enjoys monopoly status which is State conferred or State protected." (4) "Existence or deep and pervasive State Control may afford an indication that the Corporation is a State agency or instrumentality." (5) "If the functions of the Corporation are of public importance and closely related to governmental functions it would be a relevant factor in classifying the corporation as an instrumentality or agency of Government." (6) "Specifically, if a department of Government is transferred to a Corporation, it would be a strong factor supportive of this inference of the Corporation being an instrumentality or agency of Government." 16. There cannot be a strait jacket formula. It is not necessary that all the tests should be satisfied for reaching the conclusion either for or against holding an institution to be "State". In a given case some of the features may emerge so boldly and prominently that a second view may not be possible. There may be other cases where the matter would be on the border line and it would be difficult to take one view or the other outright. 17. Urban development is a State function. J.D.A. is established by the State Government. It is a "local authority" as that expression is defined in the Rajasthan General Clauses Act, 1955. Its members are mostly Government or other local authoritys officials. The appointment of Jaipur Development Commissioner is made by the State Government and so also the Director and Secretary of the Authority. Jaipur Traffic Control Board is also established by the State Government. Objects of the JDA are sovereign in character to bring about integrated development of the Jaipur Region. Its members are mostly Government or other local authoritys officials. The appointment of Jaipur Development Commissioner is made by the State Government and so also the Director and Secretary of the Authority. Jaipur Traffic Control Board is also established by the State Government. Objects of the JDA are sovereign in character to bring about integrated development of the Jaipur Region. Section 17 of the Act bars any other authority or person to undertake any development within the Jaipur Region. JDA prepares Master Development Plan, Zonal Development Plan and the State Government is given power to direct it to revise the Plan. It has power to require removal of unauthorised development and in default to remove itself. The State Government acquires land to enable the JDA to discharge its functions and to carry out development plan. Jaipur Region Development Fund is feeded by contributions from the State Government. First instance contribution was to the extent of a sum equivalent to one crore rupees. State Government is competent to determine the conditions on which the JDA may borrow any money and it can guarantee repayment of the loan amount. Accounts of JDA are subject to audit. The annual budget of JDA is required to be submitted to the State Government and so also the Annual Report. The Annual Report is laid down by the State Government on the table of the House of the State Legislature including the statement of accounts. J.D.A. alone can file criminal complaints in relation to offences created by the Act. Police Officer can be authorised by the JDA to arrest any person committing in his view any offence relating to encroachments or unauthorised development on the lands vested in the Authority or on public streets. Officers and other employees of JDA are deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Power to make rules for the purpose of carrying out generally the provisions of the Act are vested in the State Government. The State Government can repeal wholly or in part or modify any regulations made by the JDA. Power of dissolution of JDA vests in the State Government and on its dissolution, all assets, properties, funds and dues of JDA vest in the State Government. The State Government can repeal wholly or in part or modify any regulations made by the JDA. Power of dissolution of JDA vests in the State Government and on its dissolution, all assets, properties, funds and dues of JDA vest in the State Government. All these provisions are more than sufficient to indicate that JDA is an instrumentality or agency of the State Government and in any event "other authority" and hence "State" within the meaning of Article 12 of the Constitution of India for the purposes of Part III and Part IV of the Constitution. 18. The equalisation factor contained in Article 14 of the Constitution of India ought to be taken into account. It is well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purpose of legislation. In order, however, to pass the test of permissible classification, two conditions must be fulfilled, namely : — (1) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from the others left out of the group and (2) that the differentia must have a rational relation to the object sought to be achieved by the statute in question. 19. The other facet of Article 14 of the Constitution of India is that the Article strikes at arbitrariness in State action and ensures fairness and equality of treatment. From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. (See E.P. Royappa vs. State of Tamilnadu (6); Smt. Maneka Gandhi vs. Union of India and another (7); Ramana Dayaram Shetty v. The International Airport Authority of India (supra) and the Manager, Government Branch Press and another v. D.B. Belliappa (8). 20. (See E.P. Royappa vs. State of Tamilnadu (6); Smt. Maneka Gandhi vs. Union of India and another (7); Ramana Dayaram Shetty v. The International Airport Authority of India (supra) and the Manager, Government Branch Press and another v. D.B. Belliappa (8). 20. Then it is to be borne in mind and it must be taken to be the law that where the Government and, for that matter, an instrumentality of the Govern-ment or a statutory public Corporation, is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesse, they cannot act arbitrarily at their sweet will and, like that private individuals deal with any person they please, but their action must be in conformity with standard or norms which are not arbitrary, irrational or irrelevant. The power of discretion of the Government and public bodies in the matter of largesse including award of jobs or contracts, quotas, licences etc., must be confined and structured by rational, relevant and nondiscriminatory standard or norm and if the Government or such public bodies depart from such standard or norm in any particular case or cases, the action would be liable to be struck down unless it can be shown by the Government or public bodies that the departure was not arbitrary, unreasonable or discriminatory (see observations of Bhagwati J., in Ramana Dayaram Shetty v. International Airport Authority of India and others (9). 21. A review of various decisions of the Apex Court would go to show that there two limitations imposed by law which structure and control the discretion of the Government or other public bodies in grant of distribution of the government largesse : — (1) In regard to the terms on which largesse may be granted; (2) In regards to the person who may be recipients of such largesse. 22. The Government and its instrumentalities cannot act arbitrarily, capriciously or in an unprincipled manner. They have to exercise the constitutional power for the public good. Every action taken by the Government and its instrumentalities must with stand the test of reasonableness and rationality. Public interest is paramount consideration. There should be fair play in action. Public authorities entrusted with trust involving public element should not resort to favouritism, nepotism and jobbery. (See Julius vs. Lord Bishop of Oxford (10) per-Farl Cairns LC, Dr. Every action taken by the Government and its instrumentalities must with stand the test of reasonableness and rationality. Public interest is paramount consideration. There should be fair play in action. Public authorities entrusted with trust involving public element should not resort to favouritism, nepotism and jobbery. (See Julius vs. Lord Bishop of Oxford (10) per-Farl Cairns LC, Dr. Amarjit Singh Ahluwalia vs. State of Punjab & others (11), Mr. Justice Farank further in Viteralli vs. Saton (12), Sukhdeo Singh & others vs. Bhagat Ram (13), Bhagwati J. in Ramana Dayaram Shetty v. International Airport Authority (supra), Kasturi Lal Lakshmi Reddy vs. State of Jammu & Kashmir (14), Ram and Shyam Company vs. State of Haryana and others (15), Chaitanya Kumar and others vs. State of Karnataka and others (16), Harminder Singh v. Union of India (17), Chenchu Rami Reddy vs. The Government of Andhra Pradesh (18), Brij Bhusan and another vs. State of Jammu & Kashmir and others (19) and Sachidanand Pandey and another vs. State of West Bengal (20). 23. The Government, its instrumentalities and public bodies select the recipients for their largesse by different well-known methods. In some case, the matter is governed or regulated by statute or statutory rules as were the cases in Commissioner of Police v. Gordhan Das (21), State of Assam V. Keshab Prasad Singh (22), and K.N. Guruswamy V. State of Mysore & others (23). In some other cases, and more so where revenue to the Government is involved, highest bid at an advertised and open public auction is adopted as the method. In contracts for execution of public works, method of inviting tenders by publishing public notice is followed. In some very specialised matters and in establishing big industries and establishments, negotiations across the table play vital role. Other methods like "first come first served" and drawing of lotteries are recent innovations. Whichever method the Government, its instrumentalities or public bodies may adopt, it should be rational, neither arbitrary nor discriminatory and there should be fair play in action. In matters of allotment of plots to construct residential houses, public need and public good should be given the paramount consideration. The State policy should be so directed that every adult and independent person in the State should have a roof for shelter. In matters of allotment of plots to construct residential houses, public need and public good should be given the paramount consideration. The State policy should be so directed that every adult and independent person in the State should have a roof for shelter. No person already owning a house in a particular city should be allotted or allowed to bid in an auction for allotment of a second house or land for construction of a second house, in the same city. The goal should be that persons not owning any house in a city, should own a house in that city-high or low. Adequate safeguards are also necessary to totally curb any attempt or tendency amongst persons to do trading in houses or in plots allotted for construction of residential houses or commercial premises. That is the responsibility of the State Government, its instrumentalities and public bodies as trustees for public good and public welfare whether they implement and execute Kalpatru Housing Scheme, Parijat Housing Scheme, Vidhyanagar Housing Scheme, Prithvi Raj Nagar Township Scheme or Chitrakut Housing Scheme and if the Government and its instrumentalities and public statutory bodies act rationally and in a non-discriminatory manner and there appears to be fair play in action, the Judiciary, in discharge of the same sacred trust reposed in it by the people of India, would not be lacking and would be quick an quite resolute to see that public welfare projects or schemes are not obstructed by unscrupulous litigants and that socio-economic revolution, consistent with Part III & Part IV of the Constitution, is brought about much before we enter into 2001 AD. 24. With this back drop, let us know and turn to the grievances of the twelve writ petitioners, who have knocked the doors of this Court, to exercise its extraordinary jurisdiction in order to secure to them social justice by directing the respondents to allot them land in Vidhyadhar nagar Scheme for which they had, in groups, got themselves registered with the JDA and parted with money to get themselves registered in pursuance to the attractive call and advertisement made by the J.D.A. for the purpose, but who failed to get any allotment of plots of land to construct houses for their shelter to their dismay. 25. 25. The J.D.A. published an advertisement in various newspapers in the year 1989 pertaining to Vidhyadharnagar Group Housing Scheme inviting applications from those persons who were citizens of India, who were more than 18 years of age and who had no residential plot or house in their own names or in the name of their husband or wife, as the case may be, or in the name of any of their dependents. The applicant can be single individual or he can make a group of 12 persons and make the applications. An amount of Rs. 10,000/- per person was to be deposited with the J.D.A. The price of the plot of land was fixed at Rs. 400/- per square meter. It was necessary to make four-storyed flat. Application form was available in the office of JDA and could be obtained on payment of Rs. 100/- by the individual and in the case of a group of individuals, on payment of Rs. 1000/-. Last date of making the application for plot of land was November 26, 1989. 26. The JDA had also issued an attractive book-let printed on a stout fine paper. On the front page of this book-let is a picturesque design of Vidhyadhar Nagar constructed site by looking at which even an unwilling is tempted to make application to JDA for a plot in Vidhyadhar Nagar. The heading of this book-let is "J.D.A. invites Group Housing Societies to transform vacant plots into residential spots at Vidhyadhar Nagar, Jaipur." Then there is lay-out plan of Vidhyadhar Nagar in which area marked "GH" in orange colour are plots, shown as earmarked for Group Housing. The next page starts with a self praise by JDA of itself and it reads : — "J.D.A. in the third eye of Jaipurs unparalleled urban development. In envisions, channelizes and caters to the growing demand for commercial and residential space. Over the years it has earned an enviable reputation for advanced planning and deligent and timely implementation meeting the phenomenal rate of growth, generated by racing developmental activity. The primary function of this uncompromising organisation to the development of land encompassing planned provision for housing employment, recreational and allied facilities on serviced land to meet the growing needs of the people of Jaipur." 27. The new Vidhyadhar Nagar Project focused on housing through Group Housing Development for HIG, MIG, LIG and EWS. The primary function of this uncompromising organisation to the development of land encompassing planned provision for housing employment, recreational and allied facilities on serviced land to meet the growing needs of the people of Jaipur." 27. The new Vidhyadhar Nagar Project focused on housing through Group Housing Development for HIG, MIG, LIG and EWS. The massive 350 hectare Vidhyadhar Nagar Project is situated in North-West, Jaipur, within a short distance of only 4 kms. from Jaipur Railway Station and just 4.5 kms. from the Bus stand. The salient features of new Vidhyadhar Nagar Project was that it was predominantly a residential scheme to house approximately two lakh people. Major facilities of health, education, social and cultural activities had been meticulously net-worked on main transportation routes to ensure easy access to the rest of the city. Intensive utilisation of land had been achieved ensuring compact development to conserve land and energy resources without sacrificing the infra-structural level. Large areas have been located at convenient spots to provide for a variety of recreational facilities in addition to neighbouring parks and play grounds. 28. The residential area, the book-let proceeds on to state, is divided into a number of Sections. The scheme provides housing for a composite society consisting of all income groups in the same proportion as these income groups exist in the city at present. Under the scheme, group of employees belonging to State and Central Governments, State and Central Public Sector Undertakings, Local Bodies, Universities, House Building Societies Registered under Co-operative Societies Act or Societies Registration Act, 1960, any public sector undertaking which is authorised to construct and sell residential plots under Group Housing Scheme may apply provided; (1) The member or spouse or dependent do not own a residential plot or house either partly or wholly either on free hold or lease hold basis within the limits J.D.A., Jaipur; (2) A member should be a citizen of India; (3) The members age should be above 21 years. It is essential that a minimum of 12 persons comprise a group. J.D.A. promised to assist the individuals to form a group of 12 or more than 12 persons for those who were unable to form a group themselves. It was further mentioned that the Scheme was not time bound. Applications could be submitted at any time for consideration, subject to availability of land. J.D.A. promised to assist the individuals to form a group of 12 or more than 12 persons for those who were unable to form a group themselves. It was further mentioned that the Scheme was not time bound. Applications could be submitted at any time for consideration, subject to availability of land. At the time of application the Group Housing Society was to pay Rs. 1000/- per member in favour of Secretary, J.D.A. as registration deposit. This advance money was refundable to the society if the land was not allotted to them. Interest was to be paid at 7% per annum after 6 months from the date of deposit. 29. J.D.A. was to issue a letter of intent for the allotment of land to the society after examining the details of land, estimate, category and number of plots to be constructed for its members and the cost of land to be recovered from the members of the society. In the scheme the cost of land to be recovered from the society had been fixed at Rs. 300/- per sq. mts. as reserve price. Allotment letter was to be issued to the Group Housing Society only after its registration and full payment of the cost of land. The Group Housing Society was to be required to make payment of the cost of land within 30 days from the date of issue of letter of intent for allotment of land. The amount deposited as registration money was to be adjusted against the cost of land. The land was to be allotted to the society for the construction of plots. If the society failed to construct the plots, the land was to revert to J.D.A. A member could transfer the plot allotted to him after taking over the possession. The urban assessment for any such transfer by sale or gift or otherwise was at each stage of be as per rules. The land was allotted to the group on lease-hold basis. The period of lease was 99 years. After the construction of plots, the lease hold right were to be transferred to the individual allottee member. A licence deed was to be issued to the society upto the construction of plots. One could not apply for more than one group. 30. The land was allotted to the group on lease-hold basis. The period of lease was 99 years. After the construction of plots, the lease hold right were to be transferred to the individual allottee member. A licence deed was to be issued to the society upto the construction of plots. One could not apply for more than one group. 30. All the petitioners in these 12 Writ Petitions purchased the prescribed application forms from the J.D.A., formed Group Housing Society of 12 members and deposited advance money at the rate of Rs. 10,000/- per member and submitted applications for allotment of land to the Group Housing Society for construction of residential plots in Vidhyadhar Nagar for their members. The petitioners also gave their options for various categories of plots in pursuance of letter dated February 13, 1990 sent by the Chief Revenue Officer JDA, Jaipur. However, they waited for several months but land was not allotted to the petitioners Societies. A notice was published by the J.D.A. in "Rajasthan Patrika" dated July 23, 1990 that it was going to allot plots for construction of Plots under Vidhyadhar Nagar Group Housing Scheme by draw of lottery on July 25, 1990 at 3 P.M. in its office. The lottery was drawn by the Respondent No. 2 and 26 groups were declared successful in the lottery as was published in the newspapers. The petitioners assert that in the book-let of the Scheme, there was no mention that lottery would be drawn amongst Groups applying for plots. On the other hand, certain area was earmarked in the Scheme for Group Housing only. The procedure of allotment of land which was contained in the original scheme clearly showed that every applicant was entitled to get land as per his requirement and opted category. The method adopted for drawing lottery was also wrong as the lottery for each category was to be drawn separately and it was to be drawn only for deciding as to which plot was to be allotted to which society. It stated that a perusal of the Scheme goes to show that there was enough land. The method adopted for drawing lottery was also wrong as the lottery for each category was to be drawn separately and it was to be drawn only for deciding as to which plot was to be allotted to which society. It stated that a perusal of the Scheme goes to show that there was enough land. On the one hand, the respondent allotted plots by way of drawing lottery on the ground that land available was less and applicants were more and on the other hand, it was engaged in public auction of plots of land which were reserved for Group Housing at higher rates. 31. Let us, therefore, see what the J.D.A. states. It says, that Vidhyadhar Nagar, Group Housing Scheme does to promise that land will be allotted to all those who apply. In fact, according to it, the area of land availability was less than the number of applicants and it had no choice in the matter, but to draw a lottery. The J.D.A. further states that it is not correct to state that mention about draw of lottery was for the first time mentioned in the letter dated Feb. 13, 1990 of the Chief Revenue Officer of J.D.A. Para 5 of the Conditions and Instructions in the application form for Group Housing itself mentioned that : — "The group formation for individuals will be done before the draw of plots. Only group applications will be included in the lottery." 32. The J.D.A. proceeds on to state that Vidhyadhar Nagar Housing Scheme was not issued by any notification published in the Official Gazette. The Scheme was published in newspapers. In Vidhyadhar Nagar Scheme, a number of plots were shown as meant for group-housing and were marked as "G.H." in the scheme plan. In the meeting of land and property Committee held on March 28,1989, it was decided that land earmarked for Group Housing in the Vidhyadhar Nagar Scheme be demarcated for various departments and societies as well. A copy of the decision and the map is filed as Schedule A. The matter of allotment to various institutions and societies was again considered and the various areas were reallocated. In the re-allocated plan the area for Co- operative societies worked out to be 82, 313 sq. met. A copy of the decision and the map is filed as Schedule A. The matter of allotment to various institutions and societies was again considered and the various areas were reallocated. In the re-allocated plan the area for Co- operative societies worked out to be 82, 313 sq. met. in Sectors 3,4,7 and 10 vide Schedule B. The entire matter was again considered in the meeting dated June 22, 1990 of Project Review Committee in which layout submitted by the Project Planner were examined and four proposals were approved. In view of this decision, the area was worked out by the Project Planner and the area came out to 18,710 sq. meters. The total number of group applicants were 119 and the total area demanded was 4,01,588 sq. meters. Since the area available for allotment to co-operative society was only 18,710 sq. meters, the only method equitable to all concerned was by way of lottery. It is submitted that about 40,000 sq. meters area is under encroachment and under litigation. It is possible that bulk of it may be vacated and be available with the J.D.A. No change in the Scheme was made. Only sites for allotment to various categories of applicants were re-allocated in over all interest of the scheme and area for allotment by lottery had to be reduced for which no notification was published for the reason that the JDA at no point of time made any commitment about the area to be allotted through lottery. 33. The Act contemplates a planned, co-ordinated, proper, orderly and rapid development of Jaipur. In persuit of that civil survey and preparation of Master Development Plan for Jaipur Region is the first step. The Master Plan already exists. The next step is declaration of any area in Jaipur Region to be a development area and that declaration is assumed to have been made. Then comes the third step of making projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary. Provision in that regard finds place in section 38 of the Act. This Section, so far as relevant for our present purpose, reads as under : — "38. Making and contents of Projects and Schemes. Provision in that regard finds place in section 38 of the Act. This Section, so far as relevant for our present purpose, reads as under : — "38. Making and contents of Projects and Schemes. (1) Subject to the provisions of this Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan, may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary. (2) A project or scheme may make provisions for all or any of the following matters, namely : — (ii) acquisition, development, reservation and sale or leasing of land for purpose of public utilities such as roads, streets, open spaces, parks, gardens, recreation and play grounds, hospitals, dispensaries, educational institutions, green belts, dairies, housing development, development of markets, shoping centre, commercial complexes, cultural centres, administrative centres, transport facilities and public purpose of all kinds; (x) the reservation of land in any scheme to such extent as may be provided by regulations for the purpose of providing housing accommodation to the members of Scheduled Caste, Scheduled Tribes, Backward Classes and weaker sections of the society; (3) The draft project or scheme shall contain the following particulars, namely: — (b) the particulars of land allotted or reserved under clause (ii) of sub-section (2) with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses; (e) a full description of all the details of the scheme under sub-section (2) as may be applicable." 34. After approval of the project or scheme under sub-section (4) of section 39, the Authority has to publish the final project or scheme in the Official Gazette and specify the date on which it shall come into operation. Notwithstanding anything contained in sub-sections (1) to (5) of section 39, the procedure as laid down therein shall not be required to be followed in case the project or scheme is to be carried out or any land vested in the Authority and no demolition of any building or removal of persons living there at is involved in its execution. Notwithstanding anything contained in sub-sections (1) to (5) of section 39, the procedure as laid down therein shall not be required to be followed in case the project or scheme is to be carried out or any land vested in the Authority and no demolition of any building or removal of persons living there at is involved in its execution. Section 41 of the Act states that if the Authority fails to implement the project or scheme approved under sub-section (4) of section 39 within a period of five years from the date of publication thereof under sub-section (5) of section 39, it shall , on the expiration of the said period of five years, lapse. Section 42(2) of the Act provides that "if the Authority, after approval of any project or scheme under sub-section (4) of section 39, at any time, considers it necessary to make certain modifications therein, which in its opinion do not effect material alteration in the character of the project and scheme, may make suitable modifications. Section 43 provides that "Notwithstanding anything contained in any provisions of the Act or in any plan sanctioned under it, the Authority, shall be at liberty to make and carry out any project or scheme not covered by the said plan if in the opinion of the authority, it is necessary to do so or expedient in public interest, and the said plan shall be deemed to be modified to that extent. 35. One thing is very clear from the book-let of the Scheme issued by the JDA and that is that the area marked "GH" in orange colour in the layout plan of Vidhyadhar Nagar are plots which were earmarked for Group Housing. The respondent No.2, along with its reply, has produced copy of the minutes of the 112th meeting of the L.P.C. held on March 28, 1989 to consider the consolidated position of the applications received for allotment of land for Group Housing. This meeting was held before the issue of the advertisement by the respondent No.2 in October, 1989 (Annexure- 1). Some of the decisions taken in this meeting were as under : — "112 (1). On the land earmarked for Group Housing in the Vidhyadhar Nagar Scheme demarcation and delineation was done for Government Development, Public Sector Undertakings, L.I.C., Rajasthan Housing Board, Group Housing Societies, Group of persons and builders. Some of the decisions taken in this meeting were as under : — "112 (1). On the land earmarked for Group Housing in the Vidhyadhar Nagar Scheme demarcation and delineation was done for Government Development, Public Sector Undertakings, L.I.C., Rajasthan Housing Board, Group Housing Societies, Group of persons and builders. The position in that regard had been marked on the layout plan enclosed with the minutes. In Annexure C, applications received from 4 Public Sectors and State Government enterprises are mentioned. The following decisions were taken in this regard : — (a) The L.I.C. : — It was decided that land earmarked may be allotted to the LIC. The site plan will be prepared by the Project Officer. The cost of land will be charged as per the price prevailing at the time of payment. (b) The State Bank of Bikaner and Jaipur : A letter of intent for the allotment of land measuring 12,541 sq. meter in Sector 3 of the Vidhyadhar Nagar Scheme may be issued. (c) The Rajasthan State Co-operative Housing Finance Society Ltd.: — The Society may be intimated that the proposal regarding Vidhyadhar Nagar Scheme cannot be considered. The proposal regarding allotment of land to the Society on Gandhi Path in Vaishali Scheme was postponed. 112 (6). Regarding 58 applications mentioned in Annexure D it was decided that the separate list may be prepared for those applicants who desire land allotment in Vidhyadhar Nagar Scheme. The issue regarding Group Housing Land Allotment elsewhere may be first considered on the files and then be placed before the LPC for consideration. 112(7). The Project Officer, Vidhyadhar Nagar Scheme, will make available to the CRO the site plans of land which is to be advertised inviting private builders to participate in the Built-up area/unit share basis scheme." Respondent No.2 has not produced Annexure A to D which were enclosed to the minutes of the 112th meeting. 112(7). The Project Officer, Vidhyadhar Nagar Scheme, will make available to the CRO the site plans of land which is to be advertised inviting private builders to participate in the Built-up area/unit share basis scheme." Respondent No.2 has not produced Annexure A to D which were enclosed to the minutes of the 112th meeting. However, a site plan Schedule A has been produced showing various areas reserved and reservations shown are as under : — (a) Proposed Site for LIC (GH) - 49,524 sq.m. (b) Proposed Site for Rajasthan – 90,428 sq.m. Housing Board (GH) (c) Government (Group Housing) – 79,082 sq.m. (d) FAR Builders (Group Housing) - 1,45,551.0 sq.m. (e) Society (Group Housing) - 69,883.0 sq.m. As reservations made for L.I.C., Rajasthan Housing Board, Government Group Housing and FAR Builders Group Housing were made before the issue of the advertisement Annexure -1 and have not been challenged by the petitioners, I need not go, in these writ petitions, into the legality and validity of these reservations. All that can be said is that an area of 69, 883.00 sq. meters was reserved for Society Group Housing before issue of the advertisement Annexure-1. 36. It appears from Schedule C filed by respondent No. 2 that after the advertisement Annexure-1 had been issued and after the petitioners had submitted applications in Groups for allotment of land and also after they had given their options in reply to the letter of the Chief Revenue Officer dated 13.2.90, a meeting of Review Committee of Vidhyadhar Nagar Project was held on 22.06.1990 under the Chairmanship of Jaipur Development Commissioner. The minutes (Schedule C) goes to show that while dealing with Group Housing lay outs for allotment of lottery to Co-operative Sector, it was inter alia resolved: — "The Project Planner explained that 5 layouts prepared for lots in Sector 4,7 and 10 as desired in the earlier meeting had been fixed at 80 sq. m. In order to achieve a homogenous development, type design approved for 80 sq.m. flats of JDAs demonstration Group Housing were also recommended to be enforced in these lots. While generally accepting 4 out of the 5 proposed layouts, the following were also recommended to be examined. While agreeing to the layout of the four lots in Sector 4,7, and 10, it was decided to designate open space parking lots etc. While generally accepting 4 out of the 5 proposed layouts, the following were also recommended to be examined. While agreeing to the layout of the four lots in Sector 4,7, and 10, it was decided to designate open space parking lots etc. contiguous to the block as part of their plot under each block and charged for. To programme the drawing of lotteries etc. a committee consisting of Project Officer, CRO and ZIC-VI was constituted to do the needful shall work for the following matter : — (i) To work out the average size of a group from the size and number of groups. (ii) Thereafter to constitute groups out of the individual applicants as per the average the size worked out at (i). (iii) It was agreed that Group Housing lot No. 4 in Sector 7 may be kept out from the present lottery due to the dispute reported by the Project Officer. (iv) To take out a lottery of all the existing and new groups constituted under (1) against the requisite number of blocks (i.e. 31 number). (v) A second lottery be taken out to allot block Number i.e. location to each successful Group at (iv). (vi) Thereafter a lottery be taken out for eight number of each group assigning them a flat number in their assigned block. (vii) The lottery was to be taken out at an early date preferably before 30.6.90." 37. Lottery was drawn on 25.7.90 and 26 groups were declared successful in the lottery. Before the draw of lottery on 25.7.90, the Project Officer submitted a U.O. Note to the Chief Revenue Officer with copy to Director, T.P., ZIC-VI and the Executive Engineer-VI, VDNP stating that the lay outs for group housing in Co-operative Sector has been finally prepared. A copy of the plans was enclosed for information and further necessary action with respect to the lottery fixed for allotment on 25.7.90. A table of group housing lots in various sectors showing area of plot, number of block of 8 flats per block in each Sector and area under roads was enclosed. It was mentioned that in all there were 26 blocks, 8 in Sector 4,3 in Sector 7A No. 2B, 6 in lot 2B, 9 blocks in Sector 10. A table of group housing lots in various sectors showing area of plot, number of block of 8 flats per block in each Sector and area under roads was enclosed. It was mentioned that in all there were 26 blocks, 8 in Sector 4,3 in Sector 7A No. 2B, 6 in lot 2B, 9 blocks in Sector 10. As per the decision taken in the last meeting, the area under roads was not to be counted towards the saleable area of the group housing lots. In the endorsement made in U.O. Note dated 24.7.90 (Schedule E), the Executive Engineer- IV, VDNP was requested to have the blocks located as per the layout. Thereafter he may inform the Project Officer for inspection of the final ground situation. Enclosure to Schedule E filed by respondent No. 2, is area statement of Group Housing. The area statement goes to show that the total site area in Sector No. 4 (L-l) was 6110.68 sq. meters, in Sector 7(L-2B), the total area was 2106 sq. meters, in Sector 7(L-2D), it was 4348.47 sq. m. and in Sector 10 (L-l), it was 6144.85 i.e. the Grand total of all the four sectors was 18,710 sq. meters. The Total number of blocks was 26 each block of 8 flat. Total number of persons to whom allotment of flats was going to be made thus comes to 26x8 = 208. Area available for each of the above blocks respectively was 672.53, 597.4, 724.75 and 617.3 sq.m. This was the statement prepared just one day before the draw of the lottery on 25.7.90. 38. It may here be mentioned that there had been also a meeting of the Review Committee on 23.08.1990. The minutes of the meeting of 23.08.1990 have not been produced by the respondent No. 2. However, Note-sheet of the office-notes of the Project Officer VDNP marked to Director TP and despatched on 1.9.90 has been produced as Schedule B. The Project Officer noted that Jaipur Development Commissioner may like to review the general categorisations of the Group Housing areas specially with respect to the private development and to the reservation for Rajasthan Housing Board. So he forwarded two sets of prints of VDN Project layout marked with group housing lands for various categories. One set consisted of 2 prints-one in photo copy in note sheet size and another of scale of 1 :500 in ammonia print. So he forwarded two sets of prints of VDN Project layout marked with group housing lands for various categories. One set consisted of 2 prints-one in photo copy in note sheet size and another of scale of 1 :500 in ammonia print. These prints had been marked with the latest position of group housing areas by way of commitment or balance. The group housing area in Sector 5 had been re-designated (from reserved for RHB) for residential and incidental accommodations connected with the proposed hospital west of the sites. This was as per the discussions and decisions taken in the Review Committee meeting of 23.08.1990. The rest of the categorisations were as per the decision taken in the LPC meeting held on 28.3.89, subsequent Review Committee meeting, decisions and discussions with JDC and Director, T.P. Schedule B was sent by the Project Officer, Vidhyadhar Nagar Project on 1.9.90 i.e. after the lottery had already been drawn on 25.7.90. In the prints of Vidhyadhar Nagar Project layout, the proposed sites and committed sites were specified as under : — Proposed site for LIC (GH) – 47,888.45 sq.m. Proposed site for RHB (GH) – 46,656.00 sq.m. Proposed site for Government (GH) – 1,57,871.00 sq.m. Proposed site for FAR-BUILDER (GH) sharing basis – Nil/omitted sq.m. Proposed site for Society (GH) – 82,313.2 sq.m. Admitted site for A.W.H.O. (GH) – 45,655.0 sq.m. Admitted site for Air Force — and Naval (GH) – 29,812.93 sq.m. Admitted site for JDA/Hospital (GH) - – 24,539.0 sq.m. 39. That is the factual background of the matter. Certain facts are admitted by respondent No. 2 and they may be recapitulated. They are that Vidhyadhar Nagar Housing Scheme was not issued by any notification published in the Official Gazette. In the Scheme plan, number of plots were shown as meant for group housing and were marked "G.H." in the plan. In the meeting of the Land and Property Committee held on 28.3.89, it was decided that land earmarked for Group Housing in Vidhyadhar Nagar Scheme be demarcated for various departments and societies. Actual demarcation and deleniation was done on map enclosed to Schedule A. As already stated, 69,883.00 sq. meters land was demarcated and deleniated for Group Housing Societies in plan Schedule A. However, admittedly lottery was drawn only with respect to 18,710 sq. meters land for Group Housing Societies. Actual demarcation and deleniation was done on map enclosed to Schedule A. As already stated, 69,883.00 sq. meters land was demarcated and deleniated for Group Housing Societies in plan Schedule A. However, admittedly lottery was drawn only with respect to 18,710 sq. meters land for Group Housing Societies. Number of Applicants belonging to Group Housing Co-operative Societies are said to be 119 and the total area demanded is stated to be 4,01,588 sq. meters. It is not made clear by respondent No.2. whether this figure of 119 groups covered all groups i.e. LIC (Group Housing), RHB (Group Housing), Government Group Housing, FAR. Builders (Group Housing) and Society Group Housing or the figure covered only Group Housing Societies simplicitor. It is then stated by respondent No.2 that on further examination on the site, it was found that the net area available for allotment to Group Housing Societies was only 18,710 sq. meters as shown in Area Statement of Group Housing (Schedule E). That only exposes the bankruptcy in planning of JDA and the modus operandi of JDA as to how it cheats the citizens. JDA is further exposed totally when it is found that in the U.O. Note sent by the Project Officer, VDNP on 1.9.90 after the lottery was drawn and in the print of the project layout Schedule B that proposed site for Group Housing Societies is shown as 82,313 sq. meters i.e. even much more than what was shown before the lottery in the layout plan Schedule A as 69,883.0 sq. meters. JDA pleads in its reply that about 40,000 sq. meters area is under encroachment and under litigation. 40. Rule adopted in Taylor v. Taylor (24) is well recognised and is founded on sound principle. Its result is that if a statute has conferred a power to do an act and has laid down the method in which that power has to be exercised, it necessarily prohibits the doing of the act in any other manner than that which is prescribed. The principle behind the rule is that if this were not so, the statutory provision might as well have not been enacted. How it lies in the mouth of JDA to say that it can act for the purpose of implementing it proposals in any plan without making project and scheme as envisaged in sections 38 and 39. The principle behind the rule is that if this were not so, the statutory provision might as well have not been enacted. How it lies in the mouth of JDA to say that it can act for the purpose of implementing it proposals in any plan without making project and scheme as envisaged in sections 38 and 39. Even if the project or scheme was to be carried out on any land vested in the JDA and no demolition of any building or removal of persons living thereat was involved in execution of the project or scheme, it was required by sub- section (5) of Section 39 to be published in the Official Gazette. What is dispensed with is publication of declaration, preparation of the project or scheme in draft, publication of the draft and inviting of objections and suggestion to the draft project or scheme and not the final publication of the project or scheme. That is one aspect of the matter. 41. The other aspect is that where the JDA, in all its actions is governed by the Statute and the provisions of the Act are meant for planning, co-ordinating and supervising the proper, orderly and rapid development of Jaipur city and areas contiguous to it and to formulate and execute plans, projects and schemes for the development of Jaipur Region so that housing, community facilities, civic amenities and other infra-structure are properly created for the population of Jaipur Region in the perspective of 2001 AD including the intermediate stage, it cannot act as an autocrat or aristocrat. All its actions have to be in consonance with the provisions of the Act and directed towards public good and public benefit. JDA cannot act secretly nor can it act with duplicity. There should be fair play found in its every actions. 42. The advertisement Annexure-1 of the JDA and the detailed contents of its scheme for group housing societies or groups of persons published in attractive book-let no where speaks of drawing of lottery. It is only vaguely printed in conditions/instructions enclosed to the application form Annexure R/l that the group formation for individuals will be done before the draw of lots. Only group applications will be included in the lottery. Let us assume from Condition No. 5 enclosed to the application from Annexure R/l that lottery was to be drawn. It is only vaguely printed in conditions/instructions enclosed to the application form Annexure R/l that the group formation for individuals will be done before the draw of lots. Only group applications will be included in the lottery. Let us assume from Condition No. 5 enclosed to the application from Annexure R/l that lottery was to be drawn. It is clear that group applications were to be included in the lottery. 43. It was the bounden duty of the JDA to clearly disclose before hand to its beneficiaries as to how many plots and of what sizes were available with it for allotment to Group Housing Societies. After all lottery is drawn in relation to some thing or commodity. It is not drawn in vaccum. It cannot be drawn in relation to something or commodity (in the instant case-plots of land) which might or might not even be in the mind of JDA, if at all a statutory body has any mind apart from the minds of those who compose it. In its book-let, the JDA shows the area marked for Group Housing in various sectors in orange colour in the lay out plan attractively printed and published in the book-let which indicates that sufficient area is available with it for Group Housing applicants. It also gives three sizes of plots (1) upto 80 sq. meters (2) between 80 to 120 sq. meters and (3) above 120 sq. mtrs. Tempted by this, persons form groups of 12 persons and deposit advance amount at the rate of Rs. 10,000/-per person in the group i.e. in all Rs. 1,20,000/- with the JDA. Thereafter the J.D.A. while asking for options on February 13, 1990 reduces the sizes of plots to 60 sq. mtrs., 80 sq. mtrs. and 100 sq. mtrs. and even for these reduced sizes of plots, the groups give their options for 100 sq. mtrs. per constructed flat and 342 sq, mtrs. (for group of 4 persons). This is the first act of fraud played by the JDA on its beneficiaries. Then it draws lottery and the result of the draw shows that only 26 groups were declared successful in the draw in relation to a total area of 18710 sq. mtrs. land. In the attractive book-let published by JDA, the area earmarked GH in orange colour was very much more. Then it draws lottery and the result of the draw shows that only 26 groups were declared successful in the draw in relation to a total area of 18710 sq. mtrs. land. In the attractive book-let published by JDA, the area earmarked GH in orange colour was very much more. In Schedule A the available area was worked out at 69,883.00 sq. mtrs. After the lottery was drawn, the area worked out for Group Housing Societies was even more than that i.e. 82,313.2 sq. mtrs. There is some height to cheating public when as against the availability of 82, 313.2 sq. mtrs. or even 69,883.00 sq. mtrs. for Group Housing Societies, lottery is drawn only in relation to 18,710 sq. mtrs. land. This is second grossest fraud of JDA. 44. The matter does not end there. In the issue of Rajasthan Patrika dated 4.3.91 (Annexure VII in Writ Petition No. 2420/91), the JDA advertises for auction of 2654 sq. mtrs. and 4056 sq. mtrs. land in Sectors 2 and 7 of Group Housing land to held on 23.03.1991. JDA cannot even show its face when despite availability with it of Group Housing land, instead of allotting the same to the groups who has applied for the land in pursuance of its advertisement Annexure-1 and who had deposited with it Rs. 10,000/- per person in the group of persons, seeks to auction the land earmarked for Group Housing. Refund of the amount deposited by the groups under the misrepresentation that no land was available with JDA in relation to Group Housing Scheme is no solace to the applicants. They needed and wanted land to construct residential flats and complied with all the formalities required by JDA. The JDA cannot be permitted to cheat and defraud its customers like this. Throughout there is malice in law in the conduct of JDA and all attempts on the Courts part to trace out even the glimpse of fair play in action have failed. 45. As to the assertion of respondent No. 2 that an area of about 40,000 sq. mtrs. Throughout there is malice in law in the conduct of JDA and all attempts on the Courts part to trace out even the glimpse of fair play in action have failed. 45. As to the assertion of respondent No. 2 that an area of about 40,000 sq. mtrs. is under encroachment and litigation, suffice it would be to refer to the decision of their Lordships of the Supreme Court in the Municipal Corporation for Greater Bombay and another vs. The Advance Builders (India) Pvt. Ltd., and others (25), wherein Palekar J., speaking for the Court, observed : — "The point of substance in this appeal is whether the Municipal Corporation, as the local authority under the Act, owed a duty to remove the unauthorised structures even though those structures were on private final plots of the respondents......The controversy is further narrowed down and the only question, with which we are now concerned, is whether the Corporation is bound under the law to remove such of the structures, sheds and huts situated in the respondents plots in so far as they contravene the Town Planning Scheme. In our opinion, the Corporation is so bound.... In our opinion, the Corporation is so bound.... If the original plot belonging to A was not encumbered by any unauthorised huts and A is allotted in the Scheme a reconstituted plot of another encumbered or littered over with unauthorised sheds and huts, would it be just to say that A who is to be put into possession under the Scheme, of the reconstituted plot, should take legal action for the ejectment of the hutment dwellers?.............In short, every building or work, which is in contravention of the Town Planning Scheme, wherever it may be in the whole of the area under the Scheme, could be removed, pulled down or altered by the local authority which alone is named as the authority for that purpose.......It will, thus , be seen that Section 55 provides a self-contained code by which buildings and works situated in the whole of the area under the Scheme are liable to be removed or pulled down by the local authority if those buildings or works contravene the Town Planning Scheme.....The Scheme and the regulations made thereunder must be read as supplemental to the Act and, when that is done, there is no room for any doubt whatsoever that the local authority is entirely responsible for removing the huts, sheds, stables and other temporary structures which contravene the Town Planning Scheme." 46. It is, clear, therefore, on a consideration of the provisions of the Bombay Town Planning Act, 1954 and especially the sections of that Act referred to above, that the Corporation is exclusively entrusted with the duty of framing and implementation of the Planning Scheme and, to that end, has been invested with almost plenary powers. Since development and planning is primarily, for the benefit of the public, the Corporation is under an obligation to perform its duty in accordance with the provisions of the Act. It has been long held that, where a statute imposes a duty the performance or non-performance of which is not a matter of discretion, a mandamus may be granted ordering that to be done which the statute requires to be done (see Halsburys) Laws of England, Third Edition, Vol. II., p. 90)." 47. It has been long held that, where a statute imposes a duty the performance or non-performance of which is not a matter of discretion, a mandamus may be granted ordering that to be done which the statute requires to be done (see Halsburys) Laws of England, Third Edition, Vol. II., p. 90)." 47. In the instant case, Section 34 of the Act clearly provides that where any person has carried out any development of a temporary nature unauthorised as indicated in sub-section (1) of section 31, the Authority may, by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorised as aforesaid, within fifteen days of the receipt of the order; and if thereafter, the person does not comply with the order within the said period, the Authority or any officer authorised by it in this behalf may get such work summarily removed or get such use summarily discontinued without any notice as directed in the order; and any development unauthorised made again shall similarly be summarily removed or discontinued without making any order as aforesaid. Section 40 (2) of the Act mutatis mutandis applies the provisions of section 34 finding place in Chapter VI to the project or scheme approved under sub-section (4) of section 39. What more powers and authority, the J.D.A. needs than those already so amply and strongly conferred upon it to remove encroachments upon any land included in the Vidhyadhar Nagar Housing Project or Scheme or any other project or scheme. 48. I, therefore, allow all these writ petitions and do hereby command, by a writ of mandamus, the Jaipur Development Authority, Jaipur to allot plots of land to all the petitioners Group Housing Societies from out of the area earmarked by it for Group Housing as disclosed by it in its prints of Vidhyadhar Nagar Project Schedule B in accordance with law and rules within a period of two months. I further command the Jaipur Development Authority, Jaipur not to allot by the mode of auction any of the plots/plot areas earmarked for Group Housing in its said prints. 49. I further command the Jaipur Development Authority, Jaipur not to allot by the mode of auction any of the plots/plot areas earmarked for Group Housing in its said prints. 49. Jaipur Development Authority is further commanded to remove within a period of one month from today all unauthorised huts, sheds, stables and structures standing and laying on the land vested in it and covered and falling within Vidhyadhar Nagar Project or Scheme (Group Housing area) unless there is any injunction order or stay order against it from a competent court in relation to a particular plot or particular area of land in the said project or scheme. 50. Each of the petitioners would get Rs. 200/- as costs from the Jaipur Development Authority, Jaipur.