PRAKASH SHUKLA Vs. PARVINDER SINGH AND ORS.

JUDGEMENT

(1.) This D.B. Civil Contempt Petition has been filed for alleged violation of an undertaking given by learned counsel appearing for the Jaipur Development Authority, under which 200 bighas of land was to be reserved for maintaining ecological zone in Jaipur in D.B. Civil Writ Petition No. 4694/2003 (Yashwant Sharma vs. State of Rajasthan & Anr.). It is alleged that Master Plan is being amended frequently, and that, the undertaking given to the Court has been breached in violation of the provisions of the Jaipur Development Authority Act. In the additional affidavit of Bishnu Charan Mallick, the then Secretary, Jaipur Development Authority filed on 01.11.2012, reference was made of notification dated 09.11.2006 for land measuring 205.18 bighas/biswas changed from rural use to ecological in Revenue Villages Malpura Chod and Malpura Doongar, Tehsil Jaipur, District, Jaipur, and the notification dated 24.02.2007, in which land measuring 10391.10 bighas/biswas was changed from rural use to ecological use in Revenue Villages Ram Singhpura, Hirighonia Bhatesari, Bhurthal, Kanadwas and Sindoli, Tehsil Bassi, District Jaipur. Both the notifications are annexed to the affidavit.

(2.) This Court vide its order dated 10.09.2012, directed the respondents to point out the changes made in violation of the Master Plan and the permissions granted by the State Government. In the additional affidavit filed on behalf of the Jaipur Development Authority on 21.08.2013, five instances are given, where the land use was changed from ecological to commercial, and ecological to industrial and institutional. The contents of paragraphs 2 & 3 of the affidavit of Bishnu Charan Mallick are quoted as below: -

(3.) That in the aforesaid land, uses have been changed from - Ecological to Commercial in point No. i) to iii), case No. iv) - Ecological to Industrial and in point No. v) - Ecological to Institutional by following appropriate process as laid down in JDA Act and allied laws."