SUDHA PARHAR Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) One Hari Singh Chauhan, father of the petitioner, was a recorded khatedar of land admesuring 0.06 hectare in khasra No.129 village Ramjipura. The land was situated at Jawahar Lal Nehru Marg opposite World Trade Park, a premier commercial establishment. Hari Singh Chauhan now deceased was residing at Gurgaon. In his absence the said land was utilised by the Jaipur Development Authority (JDA) for the widening of road without acquiring it under the provisions of the extant Land Acquisition Act, 1894 or otherwise. In these circumstances the petitioner's father Hari Singh Chauhan submitted a representation before the JDA on 9-1-2004 and on several other occasions seeking allotment of land of equivalent value. Copies thereof have been annexed with the writ petition. The JDA apparently realising the illegality in utilising 0.06 hectare in khasra No.129 village Ramjipura in the ownership of the petitioner's father without authority of law, considered the matter at its Building and Plan Committee (BPC) of 10-3-2005 and took a decision to allotment 250 sq. meters residential plot in its Mahal Residential Scheme in exchange for the land of the petitioner's father unauthorisedly used for widening of JLN Marg. An allotment letter dated 31-5-2005 was issued by the JDA to the petitioner's father allotting him 252 sq. yards residential plot in pursuance of BPC's meeting of 10-3-2005. Reserve price for 2 sq. meters, being in excess of BPC's decision to allot a 250 sq. meters plot at its meeting of 10-3-2005 was charged as were certain other statutory charges aggregating to Rs.3715/- in the process of allotment. Mr.Hari Singh Chauhan made a representation to the JDA on or about 18-6-2005, referring to the JDA's letter dated 31-5-2005 for allotment of a plot of 252 sq. meter in Mahal Yojna in exchange of land admeasuring 0.06 hectare in khasra No.129 village Ramjipura stating that the land utilised by the JDA without any authority of law was situated at a prime location in Jaipur City of which the market value was far more than the market value of the plot allotted. JDA was required to allot a suitable residential plot of equivalent value in vicinity of land utilised by it for road widening.

(2.) The JDA then allotted to Mr. Hari Singh Chauhan a plot of 252 sq. meters in its Chitrakoot residential scheme in lieu of the land earlier allotted in its Mahal Residential Scheme vide letter dated 29-6-2005. As in the earlier allotment reserve price for the additional 2 sq. meters @ Rs.4950/- per sq. meter were charged alongwith other statutory charges in all aggregating to Rs.25,593/-. This is reflected in the letter dated 29-6-2005 as available on record of the JDA which was perused in the course of hearing of writ petition. Thereupon referring to allotment of plot No.9/653 in Chitrakoot residential scheme in lieu of the plot in Mahal Yojana, Mr. Hari Singh Chauhan informed the Commissioner JDA that the sum of Rs.25,593/- (including Rs.9900/- for extra 2 sq. meter) had been deposited with the JDA by him and the JDA therefore issue him possession letter, site plan and lease deed in respect of the said plot. Thus the allotment of plot No.9/653, Chitrakoot Residential Scheme was accepted by Sh. Hari Singh Chauhan in exchange of 0.06 hectare land in Khasra No.129 belonging to him and utilised by JDA in widening of JLN Marg. No protest was made, no caveats placed no demurer registered. Thereafter a lease deed was executed on behalf of H. E. the Governor of Rajasthan in favour of Hari Singh Chauhan on 30-6-2005. The lease deed was registered.

(3.) Mr. Hari Singh Chauhan expired on 19-10-2005 and this writ petition has been filed on 17-1-2006 by his daughter Sudha Parhar (hereinafter 'the petitioner')