Smt. Manju Pareek W/O Shri Shyam ... vs Jaipur Development Authority
2022 Latest Caselaw 6498 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 14756/2022

Smt. Manju Pareek W/o Shri Shyam Kumar Pareek
                                                                    ----Petitioner
                                    Versus
Jaipur Development Authority
                                                                  ----Respondent

Connected with S.B. Civil Writ Petition No. 14753/2022 S.B. Civil Writ Petition No. 14754/2022 S.B. Civil Writ Petition No. 14755/2022 S.B. Civil Writ Petition No. 14761/2022

For Petitioner(s) : Mr. Manoj Kumar Bhardwaj with Mr. Bhuwnesh Sharma For Respondent(s) : Mr. Pranjul Chopra

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

30/09/2022 Learned counsel for the petitioners submits that the petitioners have purchased the subject flats through the registered sale deeds from its erstwhile owner, who was never issued any notice by the JDA under the provisions of the Jaipur Development Authority Act, 1982 (for brevity, "the Act of 1982") alleging illegal construction during its course. He submits that upon receipt of the notice dated 16.07.2022 under Section 32 of the Act of 1982, they preferred appeals which came to decided by the learned Appellate Tribunal, Jaipur Development Authority vide judgment dated 22.07.2022 whereby, the respondent-JDA was directed to decide the representation to be submitted by the petitioners vide reasoned order affording them opportunity of hearing; but, vide notice dated 31.08.2022, their representations were rejected without assigning any reason and without affording them any opportunity of hearing; still, the learned Appellate Tribunal, JDA has dismissed their appeals preferred against the notice dated

(2 of 2) [CW-14756/2022]

31.08.2022 vide judgment dated 27.09.2022. He would submit that the petitioners, who have spent their life time savings in purchasing the subject flats, could not be punished on account of lethargic and lackadaisical attitude of the JDA authorities in not stopping the construction at the appropriate time, if they are of the view that the same is illegal.

Issue notice.

Mr. Pranjul Chopra, learned counsel is directed to accept notice on behalf of the respondent-JDA. He prays for and is granted two weeks' time to file reply.

List the matter on 17.10.2022 as prayed. Heard learned counsel for the petitioners on interim relief. Taking into consideration the contentions advanced by him and the material on record, this Court deems it just and proper to restrain the respondent-JDA from interfering with use and occupation by the petitioners of the subject flats, till further orders.

However, the respondent-JDA would be at liberty to move an application under Article 226(3) of the Constitution of India, if so advised.

(MAHENDAR KUMAR GOYAL),J

Sudha/283, 299, 300, 301, 305

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