CENTRAL ACADEMY ED SOCIETY Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner against the order passed by the learned Add!. Distt. Judge, Jaipur City, No. 3, Jaipur on 20th March, 1987, whereby the order passed by the learned Munsiff Magistrate (East), Jaipur City, Jaipur, dated 24th April, 1986, was set aside.

(2.) PLAINTIFF petitioner Central Academy Education Society, is occupying the premises as a tenant and some construction on the premises let-out was carried-out by the society in the year 1976. J. D. A. intended to demolish the construction so made PLAINTIFF petitioner moved to the State "government and obtained stay-order on 24th July, 1976 The State Government, directed that no demolition should be carried-out. It is further alleged by the J. D. A. that some additional construction was made in the year 1983 by the occupier tenant again. The stay order which was granted by the State Government on 24. 7. 1976, was vacated on 11th May, 1984. It is further alleged that the plaintiff petitioner addressed two letters to the landlord admitting the position of the new construction. Both these letters came into the possession of the J. D. A. and J. D. A. wants to rely on both these letters.

(3.) SECTION 32 of the Act, provides about the removal of unauthorised development which reads as under:- S. 32: Power to require removal of unauthorised development:- (1) Where any development of land has been carried out as indicated in subsection (1) of S. 31, the authority may, subject to the provisions of this section within three years of such development, serve on the owner a notice requiring him, within such period, being not exceeding one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice:- (a) in cases specified in clause (a) or (c) of sub-section 31 to restore the land its condition existing before the said development took-place; (b) in cases specified in clause (b) or (d) of sub-section (1) of SECTION 31 to secure compliance with the conditions or with the permission as modified; Provided that, where the notice requires the discontinuance of any use of land the Authority shall serve a notice on the occupier also. "