JAIPUR DEVELOPMENT AUTHORITY Vs. BENI DAS AGRAWAL

JUDGEMENT

(1.) BENI Das Agarwal (for short `bda') respondent herein, in the writ petition filed before the learned Single Judge sought following reliefs:- (i) to quash the order dated July 10, 1995 of Member Secretary Building Plan Committee II (for short BPC-II) as well as the minutes drawn on July 10, 1995 by BPC-II Jaipur Development Authority (JDA ). (ii) to direct JDA not to act contrary to the approved maps. (iii) to direct JDA not to demolish construction made by BDA.

(2.) LEARNED Single Judge vide order dated November 25, 1997 allowed the writ petition in terms of prayer made by BDA.

(3.) MR. Bharat Vyas, learned Additional Advocate General, appearing for JDA criticised the impugned order from various angles. Submission of MR. Vyas may be summarised thus:- (i) Writ petition of BDA was not maintainable in view of alternative remedy of appeal provided under Section 83 of JDA Act. (ii) Writ petition was not maintainable since the order under challenge was not placed on record. (iii) Learned Single Judge did not properly consider the relevant statutory provisions. (iv) Since permission was not granted in accordance with law, its revocation was just and reasonable. (v) Order of learned Single Judge is based on misapplication of facts. The JDA Tribunal never stayed revocation of permission but learned Single Judge stated in the impugned order that the Tribunal has stayed the proceedings of revoking the permission.