SACHHIDANAND SHARMA Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated 13.7.1992 passed in S.B. Civil Writ Petition No. 3026/91 by a learned Single Judge of this Court dismissing the above said writ petition filed by the appellant. The brief facts are as under:

(2.) THE appellant is a member of Shri Moji Hosing Co - operative Society Ltd., Jaipur (the Society) and the society allotted to him a plot bearing No. 15 measuring 400 Sq. yards in the Society's Housing Scheme situated at Jawahar Lal Nehru Highway, Jaipur on 1.11.1979. The writ petition was filed by the appellant -petitioner alleging that since he wanted to construct a house on the abovesaid plot he applied for permission for doing so vide application dated 18.1.1990 (Annex. 16.) but no action was taken by the respondent -Jaipur Development Authority and as such, he sent notice dated 15.2.1991 (Annex. 9) under Sub -section (3) of Section 17 of the Jaipur Development Act, 1982 (the Act) to. the Secretary of the respondent -Authority which notice was personally delivered by him in the office of the Secretary on 15.2.1991 itself against the receipt obtained by him. The appellant -petitioner further pleaded that in spite of the notice (Annex. 16) and, as such, in view of Sub -section (3) of Section 17 of the Act, the respondent -Authority should be deemed to have granted the permission to him to construct the house on the abovesaid plot. The appellant -petitioner thus prayed that the respondent -Authority be restrained from interfering in the construction of his house to be made by the appellant on the plot above said, by holding that he was making the construction under the above said deemed permission. Notice of the writ petition was issued to the respondent -Authority, who contested it on the ground that no permission could be granted to the appellant - petitioner as a decision had been taken by the State Government that 200 feet land toward both sides of Jawahalal Nehru Marg would be left open and ho residential house or scheme would be approved as the land was required for planned development of the city as well as educational and Government Institutes. The specific allegations made by the appellant in the writ petition that he had submitted his application dated 18.1.1990 (Annex. 16) and had handed over notice dated 15.2.1991 (Annex. 9) in the office of the Secretary of the respondent -Authority had not been controverted in the reply by specifically denying those allegations. The learned Single Judge, after hearing the learned Counsel for the parties, has dismissed the writ petition. Feeling aggrieved, the appellant -petitioner has approached this Court by filing this special appeal.

(3.) WE have heard Shri G.L. Pareek, Advocate for the appellant and have also perused the record of the writ petition. Since none has cared to appear on behalf of the respondent - Authority despite service we did not have the advantage of hearing any one on its behalf.