Honble VERMA, J.–The Jaipur Development Authority (hereinafter called as `the JDA) had decided to sell by way of auction, Khasra No. 102 situated at village Kukas, Tehsil Amer, District Jaipur measuring 2 Bighas 15 Biswas i.e. 1.718 acres. On 8.8.1996 the intending bidders were required to deposit earnest money of Rs. 20,000/-and the highest bidder was required to deposit 5% of the bid amount on the site and 10% were required to be deposited within 24 hours. Remaining 85% was to be deposited within 30 days. (2). As per Annexure 1 the site was reserved for hotel. The petitioner was the highest bidder of a bid of Rs. 17,21,000/-per Bigha. The total bid amount was Rs. 47,32,750/-. The petitioner deposited Rs. 2,37,000/-at the spot, being 5% of the bid amount, and remaining amount of Rs. 4,73,000/-was deposited as per the requirement on 9.8.1996. A total amount of Rs. 7,10,000/-stood deposited. The bid was accepted and confirmed in favour of the petitioner and he was asked to deposit the balance amount of Rs. 40,44,250/-. A site plan was asked for by the petitioner to know the approach at the site. It is stated that because of the reason that the plot in question was outside the sanctioned scheme and site was sold for a hotel purpose, it is necessary that the minimum development plan of the area should have been prepared to enable the petitioner to approach the site by way of road in addition to other development works like provisions of supply of water, electricity, sewerage etc. as to enable the petitioner to construct and complete the building within two years as per the terms and conditions. The petitioner made representations vide Annexures-7 & 8. as to enable the petitioner to construct and complete the building within two years as per the terms and conditions. The petitioner made representations vide Annexures-7 & 8. It is stated that the assurance was given about providing the minimum amenities and at the asking of the department the petitioner was compelled to write Annexure-9 which was on the assurance to the effect that it was otherwise the duty of the JDA to provide required minimum amenities provided under the rules and, therefore, there was hardly any necessity to bring any controversy on the record, however, the petitioner was lateron informed vide order dated 28.9.1996 Annexure-10 to the effect that no assurance was ever given to the petitioner of providing any approach road and, therefore, the petitioner was not only asked to deposit the balance amount but also complete the construction as well as per the plan. It is the case of the petitioner that as per the map, the site is situated far away from any of the road or high way. For constructing Five Star Hotel or any hotel, it is not possible to undertake any construction until and unless there is a road provided to the site and that road must be provided by the JDA as per the plan with the minimum requirement of the width and the quality of the road which are to be completed by the JDA. It is alleged that not only approach road and other amenities have been denied, but the petitioner had been burdened with the further interest on un-paid amount. It is stated that admittedly the provisions of the Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974 (hereinafter called as `the Rules) were applicable and were to be adhered to and thus the plea of the respondent-JDA to the effect that the plot was sold on `as it was and where it was basis, has no relevancy so far the amenities are concerned. The petitioner wants to invoke the provisions of R. 16 of the Rules. It is stated by the petitioner that in regard to the auction of other hotels, the JDA had been invariably providing the roads in the plan. It is the case of the petitioner that when the plots are sold, the prices are fixed after taking into consideration of the development of the area. It is stated by the petitioner that in regard to the auction of other hotels, the JDA had been invariably providing the roads in the plan. It is the case of the petitioner that when the plots are sold, the prices are fixed after taking into consideration of the development of the area. The petitioner has challenged the action of the respondents in forfeiting the amount of Rs. 7,10,000/-with a direction that the JDA be directed to abide by the rules. Writ of mandamus be issued to the respondents to provide the development plan by showing the approach road and also the other amenities like water, electricity etc. and the impugned orders be quashed. (3). Reply has been filed. It is stated that because of the reason that the remaining amount had not been deposited, therefore, the bid itself was cancelled as per the condition No. 3 of the terms and conditions of the auction and amount of 15% of the bid money deposited by the petitioner are to be forfeited. The facts as stated are admitted in regard to holding of the auction and depositing of the amount of 15% of the bid money. It is stated that the auction of the site in question was made for construction of a hotel of the height of 30 meters which was reserved for hotel site on the basis of the site being `as it was and where it was as per Annexure-1. The liability to provide approach road or to give any other amenities is vehemently denied. It is further submitted that u/S. 54 of the JDA Act, the JDA is authorised to sell the property even under un-developed conditions. In regard to the discriminatory treatment as per the allegation in para 13-A of the amended writ petition. It has been stated that it is upto the JDA to provide approach road to the hotel or not and in regard to the case of providing amenities in other hotels, it is stated that it does not amount to any discrimination. Liability is not accepted by the respondents. (4). This Court had directed the authorities of the JDA to file an affidavit in regard to road. One Shri Alok Mathur, an officer of the JDA had filed an affidavit to the effect that there was some Kaccha track leading upto Khasra Nos. 102 & 114 and was `L shaped. Liability is not accepted by the respondents. (4). This Court had directed the authorities of the JDA to file an affidavit in regard to road. One Shri Alok Mathur, an officer of the JDA had filed an affidavit to the effect that there was some Kaccha track leading upto Khasra Nos. 102 & 114 and was `L shaped. In Khasra No. 114 there was a temple and in the revenue record Khasra No. 114 is shown as Gair Mumkin Mandir Sivai Chak Lagani. For the reasons according to said Shri Alok Mathur number of worshipers come to the temple, therefore, they use the track. It was stated that this land in dispute can be reached through this Kachha track upto the temple. The affidavit sworn on 15.5.1997 which is on record, was very vague and, therefore, this Court had thought it fit to call for the report from the Tehsildar vide its order dated 8.1.1998 on the exact position of the situation of the site and whether any Kaccha or Pacca track was connecting the site. The following points were referred to the Tehsildar:- ``(i) Is there any Kaccha path connecting Khasra No. 102 situated in village Kukas Tehsil Amer? (ii) If there is any such Kaccha path, whether Kaccha path is a public path or private path? (iii) Whether there is any other public path meant for public connecting from National High Way to Khasra No. 102? (iv) If there is any such path, the width, length and the exact situation of the path. If there is any path, a map right from the National High Way to such Khasra Number of such path will also be attached. (5). The Tehsildar has sent his inspection report with forwarding letter dated 31.1.1998 along with the map which has been placed on record and it had been specifically stated by the Tehsildar that there is no road or Kaccha path provided or ear-marked in the revenue record. However, there are two Kaccha mud paths connecting the boundaries of the site of the Khasra number in question which is at the height of 20 ft. and goes to the boundary, but it is not a public path. However, it has been stated in the report that to approach the boundary of Khasra No. 102 at the site there is no public path at all. and goes to the boundary, but it is not a public path. However, it has been stated in the report that to approach the boundary of Khasra No. 102 at the site there is no public path at all. The revenue map of Khasra number in question 102 had also been attached. From the National High Way No. 8 there is no road whatsoever to that Khasra number. From the map it is clear that the Khasra number is not connected with any kaccha or pacca road or any Public path. (6). In the auction conditions attached with the writ petition and condition No. 4, it is mentioned that the site in question shall be used only for hotel purposes and shall not be used for any other purposes. It is also mentioned in condition No. 9 that the site shall be sold on the basis `as it was and where it was on the lease for 99 years. Condition No. 10 prescribes the parameters of the building. The covered area is mentioned at 35%, the maximum height has been mentioned as 30 meters. FAR is Rs. 2/-. In condition No. 11 the urban Jamabandi annual fee has been fixed as Rs. 6.8 annually per meter, with a condition that after 15 years this can be enhanced or changed, however, the maximum enhancement could be upto 25% of the above mentioned amount. Under Condition Nos. 13 and 14 hotel is to be constructed as per map approved by the JDA. As per condition No. 15 the hotel is to be constructed within two years of the delivery of the possession failing which whole of the amount deposited shall stand forfeited. Condition No. 16 prescribes that the construction is to be made as per the rules and regulations of the JDA and the rules and regulations shall be binding. Condition No. 17 prescribes the binding nature of the Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974 as amended from time to time. (7). As per Annexure-1 the auction notice, it has been stated that the conditions of the auction shall be announced at the spot, meaning thereby that the authorities concerned might have announced the conditions of auction not by way of any advance notice, but at the spot. (8). (7). As per Annexure-1 the auction notice, it has been stated that the conditions of the auction shall be announced at the spot, meaning thereby that the authorities concerned might have announced the conditions of auction not by way of any advance notice, but at the spot. (8). From the above statement of facts, it is clear that; (1) Khasra No. 102 situated at village Kukas is sold at the rate of 17,21,000/-per bigha. (2) The site is reserved only for hotel. (3) The covered area permissible is 35% i.e. the bidder is bound to leave 65% of the area open for parking, parks, swimming pools etc.. (4) The height of the hotel has been mentioned as 30 meters to the maximum. (5) 15% amount i.e. Rs. 7,10,000/-was to be deposited within 24 hours, the remaining amount was to be deposited within one month. (6) The construction was to be made within two years and if not made, the amount deposited stood forfeited. (7) The parties are governed by the rules and regulations of the JDA as amended from time to time. (8) The land is situated in village Kukas which falls under the JDA regional plan as per Schedule-I at entry No. 289. (9) There is no road available to approach the site nor there is any approach road. (10) There is no provision of electricity or water or the amenities -nor there is any sewerage system provided. (11) The JDA refused to accept the liability of providing the road, water, sewerage, electricity etc. or to assist in this matter in any manner for the reason that the hotel site was sold on the basis `as it was and where it was. (9). From the above points raised, Court is to determine whether it is possible to undertake any construction whatsoever in the circumstances narrated above. It cannot be denied that the construction, that too, of Five Star Hotel shall involve carrying of huge construction material including the Earth, stone, marble, iron, machinery and other misc. articles. How they are to be carried on the plot is only left to imaginations. It can also not be denied that for the purpose of construction, there is requirement of electricity and heavy quantity of water. articles. How they are to be carried on the plot is only left to imaginations. It can also not be denied that for the purpose of construction, there is requirement of electricity and heavy quantity of water. It is not denied that the establishment of the hotels and providing of sites for such hotels is one of the functions of the JDA under the disposal rules or under the JDA Act or the regulations. It is also not denied that the JDA before auctioning any site for hotel in Jaipur, makes arrangements for the basic amenities and only then the site is sold as is clear from the averments made in para 13-A (map) of another hotel in Jaipur attaching Annexure-10-A. Can it be said that in the circumstances as created or existing, could any bidder really undertake the construction of a Five Star Hotel; obviously not. No development plan has been made available as according to the JDA, the site which was auctioned as it was and therefore there was no question of any development having been prepared for the area as per sanction of the JDA. (10). The petitioner relies on Rr. 6, 8, 12 & 16 of the Rules of 1974, and R. 9.3.2 & 9.3.3 do prescribe parameters to be observed in regard to small commercial premises and multi storied buildings. It has been mentioned in R. 9.3.3 that 18 meter road is to be provided for such building. Rule 16 of the Disposal Rules 1974 provides that before any allotment or sale of land is made by the Trust outside the sanctioned scheme, the Chief Town Planner or his nominee authorised in this behalf shall be consulted so that it is ensured that the land so allotted or sold for such purpose shall be in conformity with the Master Plan for that area, if any, and in the absence of a Master Plan the allotment or sale of land shall fit in with the over-all development plan for that area. Rule 6 of the said rules provides determination of premium of which price shall be fixed by the committee appointed u/R. 12. Rule 7 provides liability for urban assessment which is 5% in case of land given on lease for commercial and other purposes. Rule 6 of the said rules provides determination of premium of which price shall be fixed by the committee appointed u/R. 12. Rule 7 provides liability for urban assessment which is 5% in case of land given on lease for commercial and other purposes. Rule 15 provides allotment and sale of land for non-residential purposes i.e. by way of auction with a further provision that the land reserved for cinemas, luxury hotels, petrol pumps shall be disposed of in accordance with the directions of the State Government, that may be issued from time to time. Rule 19-A provides that in case the construction is not completed within the stipulated period as fixed, the allotment shall be cancelled. (11). The powers and functions of the JDA are enumerated in Sec. 16 of the Act which includes formulation and sanction of the projects and schemes for the development of the Jaipur Region or any part thereof, regulating the erection or re-erection of buildings and projections, making material alterations therein and providing for open spaces in Jaipur Region or in any part thereof. Under Sec. 17 no authority other than the JDA shall undertake any development within the Jaipur region of the type as the authority may specify from time to time by notification published in the Official Gazette and which is likely to adversely affect the overall development of Jaipur Region. Section 21 of Chapter V prescribes the Master Development Plan and Zonal Development Plans which included for Jaipur Region transport and communications such as roads, high-ways, railways, water supply, drainage, sewerage etc. including tourist complexes, hotels, motels, car hiring services, whereas Sec. 22 Zonal Development Plan also mentions the amenities to be provided in relation to any site or building on such site whether before or after the erection of buildings. If there is unauthorised development by any person, that is punishable u/S. 31 of the JDA Act. including tourist complexes, hotels, motels, car hiring services, whereas Sec. 22 Zonal Development Plan also mentions the amenities to be provided in relation to any site or building on such site whether before or after the erection of buildings. If there is unauthorised development by any person, that is punishable u/S. 31 of the JDA Act. Section 54 prescribes that the land shall be placed at the disposal of the local authority u/S. 102-A of the Act and shall vest in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act, and may dispose of the same subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner as it may from time to time prescribe provided that the authority may dispose of any such land without undertaking or carrying out any development thereon. (12). JDA Act has been framed for the development of Jaipur City and certain contiguous areas into 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. The preamble of JDA Act reads as under:- ``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. 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 up 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 Departments, 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 Region so that housing, community facility, civic amenities and other infrastructure 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 purpose aforesaid. (13). In the present case even during the course of arguments, the JDA has not been able to convince as to how the construction on the site is possible without there being any approach road. Even otherwise for a hotel industry to encourage the development of Jaipur region and to attract the tourists, if a site has been reserved only for a hotel, it is utmost duty of the JDA first to make arrangements and provide infrastructure which are essential for establishment and construction of the hotel. It is essential that an appropriate road of the width as being provided to other Five Star Hotels or to the hotels of the category which are required to be constructed at the site is made available. Until and unless proper arrangements for road is made and it is linked with the approach road for easy access of the tourists, the site should not be reserved for hotel and if it has been reserved for hotel and auctioned for hotel only with all such conditions of the reservations as restrictions as are required under the JDA Act and the rules i.e. provision of the maximum covered area, the maximum height of the building, to abide by all the building rules, the site falling under the Jaipur Region Development Zone, wherever such site is reserved, providing of amenities becomes essential and fore-most duty of the JDA. JDA be reminded that it is not a private commercial establishment but an Public statutory body. JDA be reminded that it is not a private commercial establishment but an Public statutory body. Very high officers and officials and political heads are the constituents of the committee. JDA is performing the public functions under the Act for developing and regulating the city and continuous regional area. Public functions do include providing of the amenities wherever any project is to be established. All other essential systems of electricity and water, sewerage are also functions of the JDA for which arrangements are to be made. Until and unless these amenities are not available, the IDA can not compel the parties to perform their part of duties as it shall be impossible for any such party to comply with the terms and conditions of allotment. The JDA does not act as private property dealer as the term is known for purchasing and disposing of the property. Development and planned development is the aim of JDA. To say that the JDA is only concerned with the selling of plots without there any amenities to be provided shall be totally nugatory of the preamble of the provisions of the Act and rules and other regulations. Shelter u/S. 54 is not available to the JDA in the given circumstances of the present case. (14). For the reasons mentioned above, there is force in the submission of the learned counsel for the petitioner that unless the amenities are provided, it becomes not only difficult but totally impossible to construct the hotel on the plot and, therefore, an mandamus is required to be issued to the respondents. The impugned order Annexure 10 dt. 28.9.1996 and Annexure R-1 dt. 28.10.1996 is quashed and the following directions by way of writ of mandamus is issued to the respondent Nos. 1 & 2; (1) to provide and make arrangement for linking the site in question i.e. Khasra No. 102 situated in village Kukas with approach road from the high way of the quality and width as per rules as required for the category of hotel to be constructed by the petitioner on the site auctioned for hotel. (2) to provide and make all arrangements for providing the amenities of water supply and electricity, sewerage and likewise in the same conditions as being done by the JDA in regard to other hotel industry established on the reserve price for the hotel purposes by JDA. (2) to provide and make all arrangements for providing the amenities of water supply and electricity, sewerage and likewise in the same conditions as being done by the JDA in regard to other hotel industry established on the reserve price for the hotel purposes by JDA. (3) The remaining due amount shall become due only when the basic amenities including linking the site with the road is made available to the petitioner for the purpose of construction of the hotel at the site reserved for that purpose. The writ petition is allowed as aforesaid with cots of Rs. 5,000/-.