JUDGMENT 1. - As the issues involved in the present writ petitions are similar, they are being decided by this common order. 2. The case of the petitioners is that in pursuance to a directive of the Hon'ble High Court to the Jaipur Municipal Corporation (hereinafter 'JMC') to remove dairies operating within limits of Jaipur City and rehabilitate them outside the Jaipur City, JMC conducted a survey of dairies operating within limits of Jaipur City. It is submitted that in pursuance to the survey conducted by the JMC, the petitioners were given a survey number. Thereupon the JMC forwarded the result of the survey to the Jaipur Development Authority for the purpose of formulating a scheme for rehabilitation of the dairy owners recorded in the survey. Counsel submits that for the purpose of rehabilitation of dairy owners operating within limits of Jaipur City, the JDA advertised first on 18.06.2003 inviting applications from dairy operators included in the survey of JMC, to apply for allotment of plots for running a dairy either at Agra Road in the Harchandpura Scheme or at Sikar Road in the Ramlyawala Scheme or at Tonk Road in the Surajpura Bhatawala Scheme. A second advertisement on the same count was issued by the JDA on 09.07.2004. Some of the petitioners recorded in JMC's survey are stated to have applied for allotment of plot seeking rehabilitation of their dairy business in the above earmarked schemes. Certain allotments were made on 04.08.2004 @ Rs. 250/- per sq. mtr. However, some petitioners herein in this petition who had applied were not successful. 3. The JDA thereafter issued a third advertisement on 18.01.2005 seeking further applications from the surveyed dairy owners operating within limits of Jaipur City and seeking rehabilitation outside the limits of Jaipur City such that they could continue with their livelihood following the decision of the High Court that dairies should not operate within limits of Jaipur City. The petitioners submitted applications in pursuance thereof. It is not disputed that all the petitioners are included in the survey conducted by the JMC with regard to dairies operating within limits of Jaipur City. 4. The petitioners submitted applications in pursuance thereof. It is not disputed that all the petitioners are included in the survey conducted by the JMC with regard to dairies operating within limits of Jaipur City. 4. It however appears that subsequent to the allotment dated 04.08.2004 to certain dairy owners, they approached this Court by way of a writ petition under the banner of Jaipur Bhains Gaya Dugdh Samiti with the prayer that they should not be relocated from their current place of business within Jaipur City to either at Agra Road in the Harchandpura Scheme or at Sikar Road in the Ramlyawala Scheme or at Tonk Road in the Surajpura Bhatawala Scheme in view of the fact that the facilities for operating dairies in the said schemes were not yet complete and the relocation would obstruct the carrying out their dairy business efficiently and profitably. The matter travelled up to the Hon'ble Supreme Court but the Hon'ble Supreme Court vide order dated 30.08.2010 refused to interfere with the order of relocation passed by this Court. The Hon'ble Supreme Court however extended the time period for shifting of the diaries operating within limits of Jaipur City to the earmarked schemes outside Jaipur City upto 30.11.2010. 5. Thereupon the JDA expedited the development of earmarked areas for hosting the dairies by setting up a Veterinary Hospital, Fodder Depot, Milk Collection Centre, Police Station, Post Office, Bank, School & Dispensary. The JDA also proceeded to make allotments to the remainder applicants such as the petitioners who had submitted applications in response to the advertisement dated 18.01.2005. 6. In the meantime while plots had been allotted @ Rs. 250/- per sq. mtr. to the allottee's of 04.08.2004, allotments to the petitioners was sought to be made @ Rs. 2,500/- per sq. mtr. which was the reserved residential price prevailing in the area. 7. The petitioners are aggrieved by the decision of the JDA to fix the rate of allotment of plots for their rehabilitation @ Rs. 2,500/- per sq. mtr. on the ground that the action of the JDA is wholly discriminatory. The petitioners contended that while those earlier rehabilitated were allotted plots @ Rs. 250/- per sq. mtr., the petitioners similarly placed and part of a homogeneous class of dairy operators operating within Jaipur City and so recorded by the same survey of JMC were arbitrarily being allotted plots at rates of Rs. The petitioners contended that while those earlier rehabilitated were allotted plots @ Rs. 250/- per sq. mtr., the petitioners similarly placed and part of a homogeneous class of dairy operators operating within Jaipur City and so recorded by the same survey of JMC were arbitrarily being allotted plots at rates of Rs. 2,500/- per sq. mtr. which was a price ten times higher. It was also submitted that the decision to allot plot @ Rs. 2,500/- per sq. mtr. had been taken only on 11.02.2011 and could not be applied retrospectively to the applications of the petitioners pending since January, 2005. Alternatively it was submitted that at best the JDA could charge rates on the plots allotted to the petitioners giving them the same percentage concession over the prevailing reserve price as had been allowed to the earlier allottee's who had been allotted plots in the earmarked schemes on 04.08.2004. Mr. S.C. Gupta counsel for the petitioners has relied upon the judgment of the Hon'ble Supreme Court in the case of Brij Mohan & Ors. v. Haryana Urban Development Authority & Anr., (2011) 2 SCC 29 wherein the Hon'ble Apex Court has held that the applicants for allotment of a plot (in that case under HUDA scheme) could not be made to suffer because of inaction of the authority in making allotment in time. Counsel for the petitioners submits that even while the petitioners had admittedly made applications as early as 18.01.2005, allotments were made to them only between 07th April, 2011 and 15th April, 2011 after a delay of over six years. It is submitted that the petitioners were in noway responsible for the delay. It is submitted that none of the petitioners are members of Jaipur Bhains Gaya Dugdh Samiti and the pendency of the petitions at the instance of the aforesaid Samiti first before this Court and subsequently before the Hon'ble Supreme Court could have no bearing on the rights of the petitioners to allotment of the land for the rehabilitation of their dairy business. Mr. Gupta also emphasised the constitutional imperative of fairness, non-arbitrariness and equality to submit that there is no conceivable criterion on the basis of which the case of the petitioners could be differentiated from that of the other dairy owners who were rehabilitated in the earmarked areas by way of allotment of plots @ Rs. 250/- per sq. mtr. 8. Mr. Gupta also emphasised the constitutional imperative of fairness, non-arbitrariness and equality to submit that there is no conceivable criterion on the basis of which the case of the petitioners could be differentiated from that of the other dairy owners who were rehabilitated in the earmarked areas by way of allotment of plots @ Rs. 250/- per sq. mtr. 8. Mr. R.B. Mathur appearing for the JDA on the other hand would submit that the petitioners have no vested right in the determination of the price at which the plots are to be allotted to them. It is submitted that at the time of advertisement dated 18.01.2005, the price at which the allotment was to be made was not disclosed and consequently, the petitioners had no right whatsoever to participate in the determination of the price at which the plots were to be allotted to them. It has also been submitted that it was not JDA's lethargy or inaction which had led to the allotment to the petitioners only between 07th April to 15th April, 2011 and it was the petitioners who were disinclined to move to the new location on the ground that the facilitates requisite for carrying out dairy business were absent. Counsel submit that it was only subsequent to the dismissal of the SLP by the Hon'ble Supreme Court on 30.08.2010 that the petitioners showed inclination to move to the new earmarked areas for carrying out their dairy business. It is submitted that in the meantime the price of the land had appreciated and in the context of the current prevailing market prices in the area, the price for the allotment of land i.e. Rs. 2,500/- per sq. mtr. is reasonable and not excessive. Mr. Mathur submits that the price for the allotment of the land to the petitioners would be the price prevailing at the time of the allotment and the petitioners cannot urge that the land be allotted to them at price prevailing when they applied for allotment in the year 2005. 9. I have heard the learned counsel for the parties and perused the writ petition. 10. 9. I have heard the learned counsel for the parties and perused the writ petition. 10. It is no doubt true that in the advertisements dated 18.06.2003, 09.07.2004 and 18.01.2005 issued by the JDA calling for applications from eligible dairy owners operating within limits of Jaipur City and whose names were included in JMC's survey, the price at which the allotments were made was not disclosed. It is also true that the allottee's cannot have a right to determine the price at which the allotment are made. However, in the instant case two aspects of the matter cannot be overlooked. One, that the issue is not of allotment simplicitor but one of rehabilitation on relocation under the orders of the High Court. Second, the petitioners as erstwhile dairy owners operating within limits of Jaipur City constitute a homogeneous class with all other dairy owners operating within the limits of Jaipur City at the relevant time when JMC's survey was conducted. The JDA cannot conceivably seek to differentiate the petitioners from the other erstwhile dairy owners operating within limits of Jaipur City because such a classification dehors an intelligible differentia and more so without nexus to the object sought to be achieved (cleansing Jaipur City of dairies) would be palpably arbitrary. It also cannot be overlooked that the allotments to the other dairy owners who were successful in the lottery pursuant to the advertisements dated 18.06.2003 & 09.07.2004 were made on 04.08.2004 at Rs. 250/- per sq. mtr. which was against the admitted reserved price of Rs. 1650/- per sq. mtr. prevailing at the relevant time in the area. It is thus evident that the aforesaid allottee's were allotted land at a substantial discount on the then prevailing reserve price in the area. Without disputing that the reserve price in April 2011 prevailing in the area was Rs. 2,500/- per sq. mtr. the petitioners on the constitutional imperative of equality would have a right (on the basis of an unarticulated policy of concessional allotment to dairy owners under rehabilitation) to a similar concession / discount on the reserved price. This aspect of the matter is central to the issue before this Court. It would also be well to reiterate that the case at hand is not one of allotment simplicitor but a case of rehabilitation and relocation where issues of livelihood of the petitioners are under consideration. This aspect of the matter is central to the issue before this Court. It would also be well to reiterate that the case at hand is not one of allotment simplicitor but a case of rehabilitation and relocation where issues of livelihood of the petitioners are under consideration. There is no material before this Court to attribute the delay of about six years in the allotment made to the petitioners (between 07th April, 2011 to 15th April, 2011) on their applications filed on or about 18.01.2005. It has not been denied by JDA that the petitioners were not the members of the Jaipur Bhains Gaya Dugdh Samiti whose members were disinclined to shift to the earmarked areas. Thus the disinclination of the members of the said samiti and litigation at their instance before this Court and the Hon'ble Apex Court cannot be invoked to the prejudice of the petitioners. It is an admitted fact that no offer of allotment was made to the petitioners by the JDA at any point of time prior to the allotments made between 07th April, 2011 to 15th April, 2011. 11. In view of the aforesaid discussion, I would allow the writ petitions and quash the demand notices issued to the petitioners with a direction to the JDA to reconsider the issue of the price of allotment to the petitioners in the context of the petitioners' right to equality with the other similarly placed dairy owners covered under JMC's survey operating at the relevant time within limits of Jaipur City who by the orders of the High Court are to be relocated and rehabilitated in the earmarked areas. The reconsideration by the JDA be made within four weeks from the submission of the certified copy of this order. The order on reconsideration should be a reasoned and speaking order. However, as counsel for the petitioners has made a submission that the petitioners would be ready to pay and have already deposited Rs. 500/- per sq.mtr., price fixed on reconsideration shall not be less then Rs. 500/- per sq.mtr. Yet, as the allotments to be made by the JDA are on a concessional rate for safeguarding the livelihood of the dairy owners earlier operating in the city of Jaipur, JDA would be free to impose iron clad conditions as permissible in law on the transfer of such land and user thereof. 12. 500/- per sq.mtr. Yet, as the allotments to be made by the JDA are on a concessional rate for safeguarding the livelihood of the dairy owners earlier operating in the city of Jaipur, JDA would be free to impose iron clad conditions as permissible in law on the transfer of such land and user thereof. 12. Stay applications needs no address in view of the writ petitions being disposed of.Writ petitions allowed with above directions - No decision on stay applications. *******