EIH ASSOCIATED HOTELS LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the judgment dated 9.6.2006 (Anx.16) passed by the Jaipur Development Authority Appellate Tribunal (in short the 'Tribunal') whereby Reference No. 107/2006 filed by the petitioner has been dismissed. The petitioner has further challenged the impugned notifications dated 31.1.2006 (Anx.14) and 26.6.2006 (Anx.17) whereby objections have been invited for proposed conversion of land use in Kho -Nagorian, Tehsil Sanganer, Distt. Jaipur in respect of Khasra Nos. 596, 597, 598, 599, 600 measuring 3.40 Hectares and further in later notification dated 26.6.2006, the total land use of 3.40 Hectares of the aforesaid Khasra Nos. has been changed from 'ecological' to 'residential'.

(2.) IN order to deal with the facts in effective manner, the facts referred in the writ petition arid the documents annexed thereto; reply and documents annexed thereto as well as rejoinder have been consolidated and the same are as under:

(3.) THE respondent State and the J.D.A. both in their reply supported the aforesaid final notification dated 26.6.2006 as well as the judgment of the Tribunal dated 9.6.2006 by stating in the reply that the master plan categorised certain regions meant for use as such. The Committee constituted by this Court in pursuance to the interim direction dated 19.9.2003 in the two PIL under the chairmanship of the Chief Secretary considered the aforesaid Issue after providing opportunity to the person concerned and/or their counsel to represent their cases, Subsequently, the report has been given by the Committee that change in land use In question was necessitated on account of the desire of the State Government and the J.D.A. by timely interjection to stop haphazard development in the area. The Committee considered all the issues and found that if this kind of timely interjection is not undertaken, the development is bound to suffer and quality of life thereby would be adversely affected. The Committee has also taken into consideration that the framers of the master plan, some how or the other, could not keep in view the fact that the ecological zone shown in the plan covers thousands of Acres of private khatedari land. The khatedar tenants are utilising the land for development purposes and in order to maintain the zone as such, it was physically not possible to acquire such vast chunk of land. The Committee further took into consideration the development of housing scheme of the Rajasthan Housing Board and other residential schemes approved by the JDA in the rural belt adjoining ecological area. The Committee has observed that all this land is private Khatedari land and it is in close vicinity of Jaipur City, therefore, it would be difficult to ensure that the housing colonies do not develop on this land. In fact, substantial portion of this land has already been utilised for housing. Considering the over all position the Committee is of the view that it would be proper to allow planned development of houses on this land. If the Jaipur Development Authority does not allow the planned housing development on this land chances are that un -planned housing will take place on this land which would not be in the interest of city of Jaipur. It is stated in the reply that the said report of the Committee has been accepted by the Division Bench of this Court and the PIL writ petition was dismissed on 17.3.2005. It is further stated that the recommendation of the Committee was considered by the Jaipur Development Authority and the fact of allowing planned housing development on this land in order to curb the un -planned housing has been considered by the Tribunal with the further consideration of the fact that at some places, unplanned development has already taken place. It is stated in reply to the writ petition that the impugned orders are in accordance with Section 25 of the JDA Act.