MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the main question to be decided is as to whether under section 29 of the Urban Land (Ceiling and Regulations) Act , 1976 (here in after referred to as 'the Act') the limits of the open area for construction of building/dwelling unit refers to the whole or building or each dwelling unit. Before coming to this provision of law, it is necessary to look into the facts of the case.

(2.) THE petitioner purchased plot No. D-214 Bhasker Marg, Beni Park, Jaipur by registered sale deed dated 24th August,1985. This plot measures 1734. 90 sq. metres and at the time of purchase about 795. 42 sq. metres area was constructed. With a veiw to develop the land, the petitioner submitted building plans to the Jaipur Development Authority, Jaipur (here in after referred to as the JDA) for approval and the building plans were approved by order dated 9. 12. 1992. According to this approved plan, the petitioner proposed to cover a total area of 838. 50 sq. metres and on each floor there were six dwelling units. THE area of each the dwelling unit was not more than 225 sq. metres. In the first instance the petitioner started raising constructions in area measuring 419. 25 sq. metres.

(3.) IN the rejoinder, the petitioner has submitted that similar multi-storied buildings have been approved in the same area itself, and that the building which the petitioner wanted to construct is in accordance with the regulations of the JDA.