ARIHANT CINE WORLD PVT. LTD. Vs. JDA

JUDGEMENT

(1.) An auction notice was issued on 19.9.2001 by the respondent No.1 Jaipur Development Authority, Jaipur (for short 'JDA') for auctioning a land measuring 19365 square meters situated in Village - Sukhpuria on main Tonk Road, Jaipur for construction of Drive-in Cinema. As per the terms of auction notice, the petitioners also participated in the bid on 29.9.2001. The bid of the petitioners being highest, the same was finalised in favour of the petitioners on 31.10.2001. A sum of Rs. 10851563/- (One Crore Eight Lakh Fifty One Thousand Five Hundred Sixty Three only) was deposited by the petitioners being 90% of the bid. On further revised demand note sent by the JDA, the petitioners also deposited a sum of Rs. 632655/- (Six Lakh Thirty Two Thousand Six Hundred Fifty Five only). On depositing the above amount, a possession letter was issued on 19.11.2001 by the Authority though physical possession could not be given in view of some discrepancy in the measurement of the land in question. The petitioners applied for issuance of No Objection Certificate (for short 'NOC') to the District Collector, Jaipur on 24.11.2001 for construction of Drive-in Cinema. The District Collector, Jaipur, vide his letter dated 3.5.2002, informed the petitioners that NOC for Drive in Cinema cannot be issued since in the southern side of the land in question petrol pump and petroleum storage tank are situated and in the south-western side there is one Engineering College.

(2.) In the meanwhile, the Commissioner of JDA also wrote a letter to the Principal Secretary, Finance Department, Government of Rajasthan, Jaipur, requesting the State Government to extend the last date pertaining to entertainment tax concession scheme on the ground that there has been a delay in handing over the possession of the land in question to the petitioners. That apart, a lease deed was also duly executed on 15.2.2002 in favour of the petitioners indicating the use of the land for commercial purpose - Drive in Cinema. The petitioners had also applied for loan from Rajasthan Financial Corporation which was sanctioned on 22.2.2002 to the tune of Rs. 200 lakhs. Part of loan have also been released. After possession been given, the petitioners had also spent over more than 50 lacs rupees on various heads for development of the land and other exigency charges.

(3.) After refusal to grant NOC for Drive in Cinema by the District Collector, Jaipur on 3.5.2002, the petitioners made, a representation to the concerning authorities of JDA that since NOC cannot be granted by the District Collector for Drive in Cinema, the petitioners may be allowed to change the use of the land in question for any other commercial project. In spite of repeated reminders been given by the petitioners, since no response was made, a notice for demand of justice was sent by the counsel for the petitioners on 2.12.2002 to the authorities. Still, no heed having been paid by the authorities, the writ petition was filed by the petitioners on 13.1.2003 with the following prayer: