THE INTERNATIONAL INSTITUTE OF MANAGEMENT AND ENTREPRENEURSHIP Vs. STATE OF RAJASTHAN THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT

JUDGEMENT

(1.) By these writ petitions, a challenge is made to the various orders passed by the Jaipur Development Authority so as order of the Appellate Tribunal, Jaipur Development Authority and also the order of Board of the Infrastructure Development and Investment Promotion ("BIDI"). BRIEF FACTS OF THE CASE AND ARGUMENTS OF THE RIVAL PARTIES:

(2.) The Institute of Marwari Entrepreneurship made a request to the State Government for allotment of 15,000 square metres of land for the institutional purposes. On the recommendation of the Department of Industries, Government of Rajasthan, Jaipur Development Authority allotted 13000 square metres land in Jhalana Industrial Area at the concessional rate. The possession of the land was given on 12th November, 1992. The State Government then sanctioned 2461.85 square metres extra land making it 15453.60 square metres. The petitioner-institution deposited the amount but with delay. The respondents issued a letter on 28th April, 1993 for re-allotment of plot at the concession rate of Rs. 75/- square metres on various terms and conditions. The petitioner-institution was required to start the construction within a period of six months as per sanctioned plans by the JDA and complete it within a period of two years. In case of default, the allotment was liable to be cancelled without any notice. The petitioner-institution was even restrained to sell, mortgage, donate and sublet the land. On 2nd March, 1996, the buildings plans were approved for construction of building. The permission to raise construction was also granted. When no progress was made by the petitioner-institution, then Jaipur Development Authority vide letter dated 27th April, 1997 cancelled the permission for construction. The Building Plan Committee-II of the JDA cancelled the sanctioned building plan on 17th December, 1997. The LPC in its 235th meeting proposed to cancel the allotment.

(3.) The petitioner-institution challenged the order of cancellation of sanctioned building plan before the Appellate Tribunal, Jaipur Development Authority. The Tribunal vide order dated 29th May, 1998 allowed the appeal and an order of cancellation of sanctioned building plan declared illegal and arbitrary. The JDA preferred a review petition but it was dismissed vide order dated 5th July, 2000. The petitioner-institution then preferred a Reference Petition before the Appellate Tribunal, Jaipur Development Authority to seek a direction for execution of the lease deed. The Tribunal vide order dated 25th August, 2000 directed the JDA to execute the lease deed. The petitioner-institution, in the meantime, approached the settlement committee of the JDA to seek a direction for execution of the lease deed. The settlement committee also gave direction to the JDA to comply the order of the Appellate Tribunal, Jaipur Development Authority.