Rajasthan High Court
Dr Pramila Jain Wife Of Dr. Pradeep ... vs Jaipur Development Authority on 10 February, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8731/2019
Dr Pramila Jain Wife Of Dr. Pradeep Jain
----Petitioner
Versus
Jaipur Development Authority
----Respondent
For Petitioner(s) : Mr. Nitin Jain
For Respondent(s) : Mr. Amit Kuri (through VC)
HON'BLE MR. JUSTICE SAMEER JAIN
Order
10/02/2022
1. Learned counsel for the petitioner submits that this is second
round of litigation. He had filed one SBCWP No.5522/2008 with a
prayer for alternate allotment of land or due consideration of
compensation on account of illegal snatching of land by JDA. After
considering the submissions of the petitioner as well as the
learned counsel for the JDA a consent order was passed which
reads as under:-
"In view of the admission made by
JDA that road has been constructed
without acquisition of the land and they are
in principle agreeable to allot the alternate
land as per the decision of JDA taken in
meeting dt.21.07.2003, it is deemed
appropriate and hence ordered that the
petitioners Nos.2 to 5 shall surrender their
land to the JDA within a period of one
month from today and JDA in turn will allot
alternate land i.e. 25% of the surrendered
land to the petitioners, in terms of their
decision dated 21.07.2003,
(communicated by office order dt.
25.11.2006).
JDA shall do the needful within a
period of three months of receiving the
letter/offer of surrender.
(2 of 3) [CW-8731/2019]
With these observations and
directions, the writ petition are disposed
of."
2. In the light of the said judgment, the petitioner was allotted
a land on 10.08.2018 but to his shock and surprise, the land in
question was not free from encroachment and encumbrances.
Thereafter, the petitioner filed an application before the respective
authorities of JDA for allotting the land free from encroachment
and encumbrances in terms of the order of the High Court dated
06.02.2017.
3. Being aggrieved from non compliance of the order dated
06.02.2017 passed by this Court a contempt petition was also
filed. Similarly, the present writ petition was also filed on account
of the fact that the petitioner is an old lady and inspite of consent
order she is suffering undue hardship and illegality is committed
by the respondent JDA.
4. In response to the said writ petition notices were issued on
16.05.2019 but after lapse of two years no response to the said
writ petition was submitted and therefore vide order dated
09.11.2021. In the interest of justice and looking to COVID-19
situation last opportunity to file reply was granted to counsel for
the JDA. Being persuaded by the order of the Court, reply was
submitted wherein the respondents have submitted as under:-
"(10) That the petitioner, in regard to the
allotment of different Plots to her has made an
application before the Jaipur Development
Authority. The said application of the petitioner
was processed by the JDA and a proposal in
regard to allotment of a Commercial Plot located
on 200 Ft. Road, in the Niji Khatedari Scheme
named as Moji Vihar (Kalyanpura) has been
made.
(11) That the said commercial Plot is Plot No.SC-
6 and is admeasuring 367.06 Sq. Meter and thus
is having an excess area of 29.56 Sq. Meters to
(3 of 3) [CW-8731/2019]
the area of previously allotted Plots to petitioner
which were having an area of 337.50 Sq.
Meters. The said land has been proposed by the
Zone with a proposal that the prevalent reserve
price of the excess area be calculated and
charged from the petitioner. The aforesaid
proposal has been forward to the LPC for
consideration and decision, which is pending."
5. On perusal of the said reply and on hearing the submissions
of counsel for the JDA Mr. Amit Kuri, it is reflected that the JDA is
willing to allot commercial plot No.SC-6 admeasuring 367.06 Sq.
Meters which is having an excess area of 29.56 Sq. Meters qua
which, reserved price will be charged. The said proposal has been
forwarded to the LPC for consideration and decision, which is
pending.
6. In these facts and circumstances and looking to the fact that
the lis in question is pertaining to the year 2003 and almost 19
years have passed and inspite of consent order dated 06.02.2017
till date no free land has been allotted to the petitioner, this Court
is of the view that, if appropriate land in question is not allotted to
the petitioner within a period of 30 days from today i.e.
10.02.2022, the Jaipur Development Commissioner will mark his
presence along with appropriate explanation on 21.03.2022.
(SAMEER JAIN),J
Arun/30
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