Jaipur Regional Chapter v. Jaipur Development Authority
1996-12-18
V.K.SINGHAL
body1996
DigiLaw.ai
JUDGMENT 1. - In this Writ Petition the petitioner has challenged the letter dated 11.1.1990" by which the petitioner was allotted plot No. J-9, at Jhalana Doongri, measuring 5,500 Sq. Yd. at 50% of the reserved price amounting to Rs. 26,89.691,;'-. The petitioner was allotted the plot earlier, opposite Vidya Ashram School. The reason for reconsideration, as stated in the letter, is that the said land has been shown to he for use of `industrial' purposes, in the master plan. Therefore, it could not have been allotted'fdr institution purposes. By letter dated 7.12.1985, 4,900 Sq. Yd. land was allotted to the petitioner opposite O.T.S. at Jawaharlal Nehru Marg. However, possession of this plot could not be handed over to the petitioner. Thereafter by letter dated 2.2.1991, the petitioner was informed that the area of the plot allotted is 4,900 Sq. mt. and not 4,900 Sq. Yd., and a sum of Rs. 42,854.70 paise. was required to be deposited. Since the possession could not be handed over, an application was moved by the petitioner for allotment of alternative equivalent plot and on that basis plot No. 1 was proposed to be given to the petitioner in exchange of the earlier plot allotted opposite Vidya Ashram School, near Jaipur Dairy, by letter dated 7.4.1992. It is stated that the possession of this plot was handed over. Writ Petition No. 3826/1992 came to be filed by a society against the allotment of the said land to petitioner and since then, construction work of the petitioner on the land, has been stopped by Court's order. The petitioner again requested on 3.4.1994 to allot alternative plot in Rambagh Complex premises. Instead of allotting the plot at Rambagh Complex premises, pot No. J-9 at Jhalana Doongri, has been allotted to the petitioner. 2. The submission of the learned counsel for petitioner is that the application for allotment of the plot in lieu of the plot situated opposite Vidya Ashram School, was made if the plot could have been allotted at Rambagh Complex premises, but the respondents have allotted the plot at Jhalana Doongri. The reason for allotting the plot at Jhalana Doongri, which is stated to be incorrect by the petitioner, is that a Notification was published on 23.12.1995 regarding change of use of land opposite Vidya Ashram School and the said land has been allotted to Dainik Bhaskar and Dainik Samachar Jagat. 3.
The reason for allotting the plot at Jhalana Doongri, which is stated to be incorrect by the petitioner, is that a Notification was published on 23.12.1995 regarding change of use of land opposite Vidya Ashram School and the said land has been allotted to Dainik Bhaskar and Dainik Samachar Jagat. 3. I have considered over the matter. The proceedings for change of use of the land are yet to be completed and it was on the application of the petitioner that he wanted the change of plot. If plot No. J-9 at Jhalana Doongri, has been, allotted to the petitioner it cannot be said that any illegality has been committed by the respondents. On behalf of the respondents it is stated that possession of the land opposite Vidya Ashram School has already been handed over to Dainik Bhaskar, its lease deed has also been executed and they have started constructions on it. The land allotted earlier, is situated in the khasra on which rights have bene claimed by Mahalekha Pal Bhawan Nirman Sahakari Samiti Ltd., and the petitioner is also one of the respondents in that petition. It may be for that reason that the petitioner has moved for allotment of this alternative plot. The plot of Dainik Bhaskar, measuring 2845.5 Sq. Mt., was given for a sum of Rs. 80,67,018/- on 23.12.1995. It is stated that they have made substantial investment in the construction as well. In these circumstances, I do not feel that any case is made out for exercise of the extra-ordinary jurisdiction of this Court. 4. The Writ Petition is dismissed as indicated above.Writ petition dismissed. *******