PRAKASH Vs. JAIPUR DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) Heard on admission. This intra -Court appeal is directed against the order Dt. 29.01.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's S.B. Civil Writ Petition No. 5888/2002.

(2.) The case of appellant is that Jaipur Development Authority had allotted her a plot in Scheme No. 1 -C of Pathik Bhawan Nirman Sahkari Samiti, Bais Godam, Jaipur, commonly known as Greater Kailash Colony and in the layout plan it is shown as plot No. 46, situated between plot Nos. 45 and 47. But sometime in December, 1996/January, 1997, JDA trespassed over the plot by demolishing the wall and constructed a road. She, therefore, filed a suit for injunction against the JDA and one Subhash, owner of plot No. C -45. And in that suit, ex parte decree has been passed in her favour restraining JDA from constructing any road through the plot. It is in this background the appellant filed S.B. Civil Writ Petition No. 5888/2002, for a relief against JDA to grant her 'patta' of the plot.

(3.) Having regard to the averments made in the petition, the learned Single Judge appointed Mr. Vinay Mathur, Advocate as Court Commissioner to inspect the site and report its status. According to the report of Commissioner, he did not find any existence of plot No. 46 on the spot. According to the Commissioner's report, instead of plot, 43 feet wide road was existing there. The report also says that though the main road of the colony is 23 feet wide, but the road on which the appellant says that her plot exits, is 43 feet wide and this road connects the Greater Kailash Colony to Indrapuri Colony. And as per the report, not only plot No. 46, even plot No. 47 also do not exist.