SANDEEP BAKSHI Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has, by this writ petition under Article 227 of the Constitution of India, sought to challenge the order dated 24.12.2009 passed by the learned Jaipur Development Authority Appellate Tribunal. Therefore, it has been prayed that the said order be quashed and set aside.

(2.) The relevant facts of the case are that Smt. Sunita Patni, respondent No.3 had filed an appeal (104/2009) before the respondent Tribunal with the averments that she and others are the recorded Khatedars and are in possession of the land bearing Khasra Nos. 7, 8, 9, 10 and 11 ad measuring 1 hectare located at village Todi, Ramznilpura. It is situated on 160 feet road between Jagatpura to Agra Road whereupon the respondent is having her residential house, a well with electricity having been installed on it, etc. etc. The aforesaid land of respondent No.3 falls within Sector No. 35 in Jaipur City.

(3.) In order to finally approve the plan of Sector No. 34 and 35, the respondent Jaipur Development Authority had called for objections and suggestions from public, in respect of which a notification was issued on 16.11.2005 and published in daily newspaper Daink Bhaskar' on 18.11.2005. The objections/ suggestions were received from some persons namely Nawab Khan, Mohd. Salim, Fakir Mohd. and Latif, by the Director (Town Planning). After giving his comments on every and each objections in respect of Sector 35, an agenda for final approval was proposed by the Director (Town Planning) for consideration in the meeting of the Building Planning Committee (Lay Out Plan), to be held on 6-7 December, 2005. The objections filed by Nawab Khan and others were that on the proposed 60 feet road from Kho-Nagaurian and South of the house of Seedling (petitioner) to Dhani Jhirada, village Udaipur Gliariya, there are 7-8 houses of about 40 years old which are coming in the way. Therefore, the road be shifted 25-30 feet towards North. Another person Geeg Raj Singh had stated that the 60 feet road from Kho-Nagaurian which has been kept towards South of the present road, there are 7 houses on the way. Therefore, 60 feet road be shifted towards north or it should be kept equally on both sides of the present road. Thereafter a decision was taken by BPC to approve the sector plan on 6-7 December, 2005, by giving a final shape to the aforesaid suggestions.