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2017 DIGILAW 1338 (RAJ)

Jaipur Development Authority v. Purshottam S/o Ram Gopal

2017-05-25

PRADEEP NANDRAJOG, PRAKASH SHARMA

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ORDER : 1. Heard learned counsel for the parties. 2. Learned counsel appearing for Purshottam has produced a patta issued by the Jaipur Development Authority in the name of Purshottam. Learned counsel states that Purshottam is physically occupying the land as per the patta which admeasures 232.15 square yard. 3. Since there is no representation from the side of the respondents in the other two writ appeals, we now note the relevant facts which gave birth to the instant three appeals. 4. New Pink City Grah Nirman Sahkari Samiti formulated a scheme popularly known as Green Nagar. It submitted plans for approval to the Jaipur Development Authority which sanctioned the lay-out plans. On such part of the land where plots have to be carved out, it was so shown in the plans. The roads were indicated on the plan. 5. It appears that as regards the sanctioned width of the road as per plan, when laid, the width was less. In the meanwhile, the Samiti appears to have transferred title of three parcels of land ad-measuring 379 square yards each to the respondents in the three appeals. When the officers of the Jaipur Development Authority wanted to increase the width of the road, respondents approached the JDA Appellate Tribunal. On 26/08/1997, the JDA Appellate Tribunal simply held that because the road has been laid the authority could not increase the width of the road. Challenge to the orders passed by the Tribunal by the appellant resulted in failure. Parroting the reason of the JDA Appellate Tribunal the writ petitions filed by the appellant have been dismissed vide order dated 04/10/2006 by the learned Single Judge. 6. Suffice it to highlight that approval of the lay-out plan submitted by the Samiti was granted by the appellant and such plots which were carved out must conform to the lay-out sanction. Thereafter, the document of title would be the patta issued by the appellant and thus the three respondents would be entitled to possession of only such land in respect whereof patta has been issued by the appellant. 7. Since the current position at the site is not known to us save and extent as regards respondent-Purshottam, we dispose of writ appeals giving declaratory relief. The declaratory relief would be that the respondents' possession on the land in respect whereof the appellant has issued the patta would not be disturbed. 7. Since the current position at the site is not known to us save and extent as regards respondent-Purshottam, we dispose of writ appeals giving declaratory relief. The declaratory relief would be that the respondents' possession on the land in respect whereof the appellant has issued the patta would not be disturbed. The declaration would include that the respondents would be entitled to possession of only such area of land in respect whereof the patta has been issued. If it is found that the respondents are occupying the land in excess of the patta, upon proper demarcation to find what is the extent of the excess land, the appellant would be entitled to take action as per law. 8. No costs.