PAWAN KUMAR Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE above writ petitions and stay applications are being disposed of by this common order since common question of law is involved in all these writ petitions.

(2.) BRIEF facts of the case are that the petitioners have submitted that they are members of Jai Chamunda Grah Nirman Sahkari Samiti Ltd., Jaipur, which has allotted the land. It has been submitted that the construction have already been made and the Jaipur Development Authority has no jurisdiction to issue notices for demolition after expiry of 3 years in accordance with the provisions of Section 32 of the Jaipur Development Authority Act and since construction is prior to 3 years' period, the show cause notices issued are without jurisdiction. Another point which has been raised is that since the J.D.A. is not claiming any right, interest or title in the property and the only objection which has been taken is with regard to the constructions, than instead of demolishing the houses, regularisation of construction should be done.

(3.) THE relevant facts are that a Notification under Section 4 of the Land Acquisition Act was issued in 1967 for acquisition of the said piece of land. It was represented by the owner of the land Smt. Kalwati Airen that the said piece of land is being used as Nursery and, therefore, another Notification dated 15.5.1971 was issued releasing the said land from acquisition, which is reproduced as under: .........[vernacular ommited text]...........