JAIPUR DEVELOPMENT AUTHORITY Vs. GHASIRAM

JUDGEMENT

(1.) By way of this writ petition, the petitioner-Jaipur Development Authority (hereinafter referred as 'JDA') has assailed the order dated 17/01/2018 passed by the learned JDA Appellate Tribunal whereby the appeal preferred by the respondents under Section 83(8)(a) of the Jaipur Development Authority Act, 1982 has been allowed holding the respondents entitled to be allotted 15% of the developed land in terms of Circular dated 13/12/2001 in one or more available plots at Vidhyadhar Nagar, Gokul Nagar, Truck Terminal and Vaishali Nagar Schemes and has set aside the order dated 21/03/2017 whereby the JDA had rejected claim of the respondents.

(2.) The present case bears a chequered history and a brief reference to the same deserves to be noted.

(3.) Written submissions have been filed by the JDA and it is stated that plots had been allotted in Lalchandpura and Anantpura to the respondent-Ghasiram in the year 2005 and after 12 years, he cannot challenge the same. It is further submitted that the respondents were not parties to the litigation which was initiated before the JDA Appellate Tribunal in the year 2003 by Choturam and others and culminated vide judgment dated 01/12/2015. The JDA has further asserted that while the entire land acquired of the co-tenants including the respondents and Choturam was 37 Bigha 16 Biswa out of total 1368 Bigha 13 Biswa, the share of Chotu Ram was much less and as Choturam alone had taken up the cause on the basis of circular dated 13/12/2001, 15% developed land equal to the share of co-tenant Choturam, could be given to him alone and it is stated that so far as Choturam is concerned, he has been already allotted the said land after he preferred contempt petition before the Supreme Court.