GEETA DEVI Vs. JDA

JUDGEMENT

(1.) Instant petition is directed against judgment dt.02/03/2009 (Ann.16) whereby the Jaipur Development Authority Appellate Tribunal dismissed appeal (No.121/2008) preferred by petitioner against notice served U/s 72 of Jaipur Development Authority Act, 1982 (JDA Act).

(2.) As alleged, petitioner purchased a plot No.33 (measuring 235 sq. yards), in Tagore Nagar Extension, Heerapura, Jaipur from Shri Mahaveer Swami Grah Nirman Sahkari Samiti Ltd (respondent-4) on 01/04/1990 and on possession being handed over, construction was raised way back in November, 1990 and since then she is residing and in possession of the said plot. Initially a notice dt.28/09/1991 U/s 32 of JDA Act was served upon her - against which a Reference was filed before the JDA Appellate Tribunal; and at that time, petitioner along with her husband went to the Officer of JDA and apprised of the factual position of the plot in question pursuant to notice (supra) and since the JDA has not taken steps thereafter and in the meanwhile, the petitioner applied for no objection certificate for electricity and water connections at residential plot in question, which was granted on 23/09/1998 (Ann.4) and that apart, petitioner deposited conversion charges vide challan No.17335/dt.09/06/2005 besides Nazrana charges vide challan No.A-419/dt.21/04/2007 and no further dues remained payable. However, in the year 1999, notice was served by respondent JDA threatening of action being taken against her, she filed Reference petition before JDA appellate Tribunal on 22/05/1999, and since no active steps being taken by JDA and she has also not pursued Reference petition, it was dismissed on 22/05/1999 for non-prosecution and after dismissal of Reference petition, she preferred CWP-2717/2001 which was disposed of vide order dt.18/07/2006 observing that the Tribunal may decide the dispute regard plot in question on merits and liberty was also granted to her to approach again. At the same time, while the respondents were trying to dispossess the petitioner by use of force, petitioner had no option but to file suit for injunction before Civil Judge and temporary injunction was granted by civil court vide order dt.10/08/07 (Ann.5); however, temporary injunction was modified vide order dt.10/08/2007 (Ann.R.6) with a liberty granted to the JDA to take possession of the suit plot after following due process of law; and accordingly, the JDA served notice dt.23/08/2007 (Ann.6) U/s 72 of JDA Act, 1982, to which reply was filed by her on 30/08/2007 (Ann.7) and after hearing the parties, matter was remanded by appellate Tribunal to the JDA vide order dt.01/09/2007 (Ann.8) in Reference No.251/2007 directing the petitioner to appear on or before 06/09/2007 alongwith documents in support of her claim for being placed on record before the authority so as to objectively consider the matter and decide in accordance with law. However, instead of appearing before the JDA pursuant to Tribunal's order dt. 01/09/2007, petitioner filed CWP-6945/2007 and after the reply being filed by the JDA, writ petition was disposed of by this Court vide order dt.10/01/2008 (Ann.9) with the direction that the order dt.01/09/2007 be maintained and the JDA may decide the matter as directed by the Tribunal; without being guided by previous action taken against her; and if any adverse order is passed against her finally by the JDA then she should not be dispossessed for three weeks after passing of such order by JDA; and she was given liberty to avail of remedy. Pursuant to order dt.01/08/2008 in CWP-6945/07, the JDA served notice dt.18/03/08 upon petitioner U/s 72 of JDA Act to place relevant documents and after affording opportunity of hearing, the JDA passed order dt.19/04/2008 (Ann.15) to dispossess the petitioner against which she preferred appeal (No.121/2008) which was dismissed by JDA appellate Tribunal vide judgment dt. 02/03/2009 (Ann.16) holding that notice U/s 72 of JDA Act was valid and rightly served upon her and no such scheme was submitted by respondent-4 (Shri Mahavir Swami Grah Nirman Sahakari Samiti) for approval in the name of Tagore Nagar Extension Scheme; and after the land was acquired and possession was taken over on 16/11/1984, it vested with the State Government; as such no such allotment could have been made in favour of petitioner without holding any title by the respondent-Society in April, 1990 and taking note whereof, petitioner was held as encroacher and accordingly directed that possession of the disputed plot may be handed over to the allottee (respondent-3) in terms of letter of allotment dt.13/09/1996.

(3.) It would be relevant to mention that much prior to alleged plot NO.33 being purchased by petitioner through Society, it had fallen in Khasra No.31 measuring 3 bighas & 13 biswas of land situated at village Heera Pura Tehsil Jaipur, of which acquisition proceedings were initiated by State Govt vide notification dt. 07/03/1984 (Ann.R-1/1). The land acquisition officer after holding acquisition proceedings took possession of Khasra No.31 from Khatedar on 16/11/1984 (Ann.R-1/2). After acquiring land, the JDA allotted the acquired land (supra) for residential purposes under its Chitrakoot Scheme, including plot No.33 in question which came to be demarcated as plot No.E-6/263 & E-6/264 in Chitrakoot Scheme and Plot No.E-6/264 was allotted to respondent-3 vide letter of allotment dt.13/09/96 (Ann.R-1/3); but its possession could not be handed over to the allottee (respondent-3) despite all charges being deposited because of the dispute raised at the behest of petitioner and pending before this Court.