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Rajasthan High Court · body

2019 DIGILAW 2915 (RAJ)

Sohan Lal Sharma v. Jaipur Development Authority, Through Secretary, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur

2019-11-29

ASHOK KUMAR GAUR

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JUDGMENT Ashok Kumar Gaur, J. - The application for seeking leave to file writ petition is allowed. 2. The instant petition has been filed by the petitioner who claims to be khatedar of the land in Prithviraj Nagar scheme situated in Village Manpur, Devri @ Golyavas. 3. The grievance raised in the present writ petition is with regard to an order dated 30.05.2019 passed by the JDA Tribunal in Appeal No.834/2018 and Reference Application No.380/2018. One Ganpati Nagar Vistaar Vikas Samiti (hereinafter 'the Samiti') had filed an appeal before the JDA Tribunal arraying JDA as party in the appeal. 4. The facts which emerges from the pleadings are that initially JDA Tribunal decided Reference No.55/2018 (Ganpati Nagar Vistaar Vikas Samiti Vs. JDA and passed an order dated 14.06.2018 whereby the Tribunal directed the JDA to consider and decide the representation of the Samiti in accordance with the parameters laid down in orders dated 20.09.2013 and 08.12.2016 issued by the State Government. 5. The aforesaid Samiti filed representation before the JDA and the Deputy Commissioner (PRN South), JDA, decided the said representation vide order dated 27.11.2018. The said Authority found that the land in question was a vacant land under valid possession of JDA and claim by the Samiti was an effort to play fraud with the JDA and State Government and the application filed by the Samiti for regularization of a scheme was liable to be rejected as it did not have 5% residences and 10% construction as per the orders of the State Government. The said order also recorded a finding that no objections under Section 5-A or any claim under the Land Acquisition Act 1984 was ever made by the Housing Society or its Members and the land was said to be purchased by the Housing Society on 09.03.1984 and plots were allotted to the members in 1995. 6. The order further recorded a finding, since there was no award in favour of the Housing Society and it has no existence or having any house in the scheme, there was no question of allotting the land to the said Society holding camp by JDA Officials. 6. The order further recorded a finding, since there was no award in favour of the Housing Society and it has no existence or having any house in the scheme, there was no question of allotting the land to the said Society holding camp by JDA Officials. The said Officer further found that the issue with regard to the acquisition of Prithviraj Nagar was already settled by the High Court and the allotment of the land in lieu of acquired land was to be in accordance with the policy of the State Government as approved by the High Court in respect of entire land falling in the area of Prithviraj Nagar. 7. The order dated 27.11.2018 was again put to challenge by the aforesaid Society by filing Reference No.380/2018 and Appeal No.834/2018. The JDA Tribunal vide its order dated 30.05.2019 has set-aside the order dated 27.11.2018 and the matter has been remanded back to decide afresh as per the earlier order dated 14.06.2018 and in particular point Nos.4 & 6 were to be kept in mind while deciding the reference again. The JDA Tribunal has further directed that the Competent Officer will decide the reference and same power will not be delegated to any other officer. The JDA Tribunal has further directed that the direction which was given in earlier Reference No.55/2018 dated 14.06.2018 in respect of issue Nos.5 & 6 were to be maintained. 8. The petitioner has felt aggrieved against the said order of 30.05.2019 and they have contended before this Court that the aforesaid Society in order to grab the land, has approached the Authorities again. 9. Learned counsel for the petitioner Mr. Amit Jindal submitted that after remand by the JDA Tribunal before the JDA Officials, the note sheets reflects that only on the basis of agreement to sale, the rights are going to be conferred in favour of the said Society. 10. Learned counsel argued that the petitioner is khatedar and he is in fact entitled for allotment of land and as such the order passed by the JDA Tribunal dated 30.05.2019, needs to be setaside by this Court. 11. I have heard the learned counsel for the petitioner and perused the material available on record. 12. 10. Learned counsel argued that the petitioner is khatedar and he is in fact entitled for allotment of land and as such the order passed by the JDA Tribunal dated 30.05.2019, needs to be setaside by this Court. 11. I have heard the learned counsel for the petitioner and perused the material available on record. 12. This Court finds that the order dated 30.05.2019 has remanded the matter back to the JDA Officials and they are required to take fresh look in respect of any claim of the Society for allotment of land in Prithviraj Nagar Scheme. This Court finds that the rights of the petitioner cannot be directly adjudicated before this Court in respect of the prayers which have been sought in the present writ petition. 13. This Court further finds that the grievance which is raised by the petitioner can always be raised before the Appropriate Authority which is required to decide the objections. 14. This Court further finds that the Authorities are required to keep in mind the various orders issued by the State Government in respect of regularization of land in Prithviraj Nagar. The claim of the society on the basis of agreement to sale or any other document, need to be considered by the Authorities as per the law and it is also expected from the Authorities that the persons who have their stake/claim as per law, also need to be given opportunity to represent their claim. 15. This Court is afraid to allow the writ petition filed by the petitioner, however the right of the petitioner to represent before the Authorities is available to him and as such he can always approach the Authorities highlighting his claim or claim of the Ganapti Nagar Vistaar Vikas Samiti not to be entertained in respect of their title or any right to the land in question. 16. Accordingly, the present writ petition is disposed of with the aforesaid observations.