HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11673/2022
Smt. Nandana W/o Shri Lalchand
----Appellant-Petitioner
Versus
Jaipur Development Authority
----Non-Appellant-Respondent
For Petitioner(s) : Mr. Satyavrat Sharma with Ms. Shruti Sharma For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 04/11/2022 Learned counsel for the petitioner submits that on an earlier occasion, she was served upon with notices dated 06.05.2016 under Sections 32 & 33 of the Jaipur Development Authority Act, 1982 whereupon, she filed an Appeal No.312/2016 which came to be disposed of by the learned Appellate Tribunal, Jaipur Development Authority, Jaipur (for brevity "the learned Tribunal") vide its judgment dated 13.05.2016 whereby, the respondents were directed to proceed in the matter after passing appropriate order on the reply filed by the petitioner to the notices after affording her an opportunity of hearing. He submits that vide order dated 02.06.2016, the respondent-JDA informed that reply filed by her was not satisfactory and fixed the matter on 07.06.2016 for hearing. He submits that despite postponing the matter, the respondent threatened to demolish her construction which compelled her to prefer yet another appeal which has been (Downloaded on 04/11/2022 at 09:21:12 PM) (2 of 2) [CW-11673/2022] dismissed by the learned Tribunal vide impugned judgment dated 30.05.2022.
Inviting attention of this Court towards the reply filed by the respondent-JDA to the appeal, he submits that the contents therein do not pertain to the appeal preferred by her; but, the learned Tribunal, without adverting to this important aspect of the matter, dismissed her appeal. Learned counsel further submits that the construction raised by her on the subject land is in accordance with Building Bye-Laws and looking to size of the plot, no prior permission was required. He submits that she is entitled for regularization of her construction on the agricultural land in accordance with various circulars issued by the State Government from time to time which allow regularization of the old possession even on the Charagah land.
Issue notice of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week.
Heard learned counsel on interim relief.
Taking into consideration the contentions advanced by the learned counsel and the material on record, this Court deems it just and proper to direct the parties to maintain status quo qua the subject property, till further orders.
(MAHENDAR KUMAR GOYAL),J Manish/81 (Downloaded on 04/11/2022 at 09:21:12 PM) Powered by TCPDF (www.tcpdf.org)