Smt Nandana W/O Shri Lalchand vs Jaipur Development Authority
2022 Latest Caselaw 7033 Raj/2

       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

(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

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