NIZAM Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Both the writ petitions relate to the same subject-matter and common questions of law and facts are involved hence, they are disposed of by a common order. An important question of general importance involved in the petitions is:-

(2.) Rajasthan Urban Areas (Sub-Division, Reconstruction and Improvement of Plots) Rules, 1975 (in short, 'the Rules') have been framed by the State Government in exercise of powers under S.74 read with S. 73-A of the Urban Improvement Trust Act (for short, 'UIT Act). The Rules provides a complete procedure permission 'for subdivision, reconstruction and improvement of plots by a person or a private individual or a local authority or group of individuals, societies including Co-operative Societies or companies whether incorporated or not, or a coloniser, a State Government Department other than the Defence Department of the Government of India. Under R. 28, the Trust is empowered to approve a plan for subdivision, reconstruction or improvement of plots with or without modification or reject any plan submitted by a developer for any reason enumerated in the said Rule. Proper standards and provisions for roads, open space, educational facilities and other facilities as prescribed by the Rules have to be complied with for the approval of a plan. 'Open space' means a park, garden, lawn or any other form of open space which is intended, to be used by the public, as per definition given in the Rules. Rule 13 provides the standard for open space/spaces to be left/ reserved for public use in a plan. It provides as under:- "Rule 13.- Open Space - Open space shall be uniformally located as far as possible and be provided at the rate of 1.0 to 1.5 acre per 100 persons and shall be distribution as follows:- S. No. Type of open space Minimum size Minimum dimension on one side LOCATION To serve plots numbering To serve an area 1. Tot lot 650 sq. meter (800 sq. yds.) 18 M (60.0) 30-40 195-240 M. (650'- 800') radius 2. Local Park 3000 sq. meter (3630 sq. yds.) 45 M (150'- 0') 360-450 M. (1200'- 1500') radius." @@@ For educational facilities provision is made as provided under R. 14. For any other facility that may be deemed necessary in the plan, an area is adequately provided as per direction of the Trust. It is noteworthy that as per R. 30(2), the ownership of road, parks and open spaces is vested in the Trust from the date of the approval of the plan by the Trust: In other words, the ownership of the area/ site reserved for educational facility or any other facility remains in the developer even after the approval of the scheme.

(3.) Writ Petition No. 332/90 is a letter petition - public interest litigation, while writ petition No. 1856/89 has been filed by Modern Educational Cultural Society (hereinafter, to be referred as 'Modern School'). The necessary facts of the case, as gathered from the replies of the parties and the original relevant files produced by the learned counsel for Jaipur Development Authority (in short, 'JDA' or 'Authority') may be stated in short. New-Lite Housing Co-operative Society Ltd. (for short 'Co-operative Society) applied for sub-division of plots under the Rules in the year 1976. A lay out plan of the lands bearing khasra Nos. 106, 107, 107/ 119 arid 114 was also submitted along with the application as required in the Rules. The scheme was approved by the Authority after some modifications. In the approved plan, an area measuring 884.72 sq. yds. was reserved for a school, and open spaces were also earmarked intended to be used by the public as provided under the Rules. Sometime in the year 1981, the Principal of the Modern School had applied to the then Minister for Local Self Government for the allotment of a site for the school. A copy of this application was also forwarded to the Secretary, UIT, Jaipur. After JDA was constituted in place of UIT, the Land and Property Committee of JDA took a decision on the above application on 3-9-88 to allot a site of open space measuring 4877 sq. yds. to the Modern School. On a representation by the residents of the locality, the concerned Minister, who was also the Chairman of JDA, directed to allot the land to the Co-operative Society for construction of a community hall and a swimming pool etc. and to cancel the proposed allotment of the site in favour of Modern School. This order was passed sometime in the month of May, 1989. Modern School, therefore, filed Writ Petition No. 1856/89 with a prayer to issue direction to JDA to hand over physical possession of the site and further to prohibit the Authority from allotting to, or, permitting the use of the site by any other person. This petition was admitted on 1/06/1989 and a stay order was passed in the following terms :