ADITYA VIHAR VIKAS SAMITI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by petitioners challenging constitutional validity of the Rajasthan Urban Areas (Sub division, Reconstitution and Improvements of Plots), Rules, 1975 (for short, 'the Rules of 1975'), especially its Rule 12 and Bye-law 8.10(5) of the Jaipur Development Authority (Jaipur Regional Building) Regulations, 2010 (Building Bye-laws) (for short, 'the Regulations of 2010') with further prayer that the order dtd. 3/1/2014 passed by the Deputy Commissioner Zone-7, Jaipur Development Authority, Jaipur (Annexure-1) and the order dtd. 13/12/2014 issued by the Joint Secretary-III, Urban Development Department, Government of Rajasthan (Annexure-4) and the order dtd. 16/1/2015 (Annexure-5) and modified order dtd. 20/1/2015 (Annexure-6) passed by the Deputy Commissioner Zone-7, Jaipur Development Authority, Jaipur, and the approval of plans dtd. 30/4/2015 (Annexure-8) granted by the respondent no.2, may be quashed and set aside, and the respondents no.3 to 8 may be restrained from making any construction on the land of their plots pursuant to above modified plan approved by the Jaipur development Authority on Plots No.41, 42, 43, 46 and 47 of Scheme No.8, Gandhi Path, Vaishali Nagar, Jaipur.

(2.) According to the petitioners, when construction activities were started on the aforementioned five plots and a deep basement was being dug, they made enquiry and submitted an application under the Right to Information Act to respondent no.2- JDA. On receiving papers, they discovered that respondents no.3 and 4 (Shri Mahesh Gupta and Smt. Nisha Gupta), respondent no.6 (Shri Chandra Gupta) had got their Plots No.41 (measuring 391 square yards), 42 (measuring 307.50 square yards) and 43 (measuring 312.84 square yards) reconstituted by order dtd. 3/1/2014 and thus the combined size of the said plots became 1011.39 square yards. Another application was then moved by the respondents no.3 to 8 to the Jaipur Development Authority to get the Plots No.41, 42, 43 reconstituted with Plots No.46 (measuring 440 square yards belonging to respondent no.8 Shri Ashish Modi) and 47 (measuring 440 square yards belonging to respondent no.7 Shri Anurag Modi). The matter was taken up by the B.P.C. of the Jaipur Development Authority as per the Agenda, which is placed on record as Annexure-3, is dtd. 24/6/2014. Since the said agenda note was approved by the BPC and the area of the reconstituted plot was more than 1500 square meter, the matter was referred to the State Government. The Joint Secretary-III, Urban Development and Housing Department, Government of Rajasthan, Jaipur, vide its letter dtd. 13/12/2014 approved the reconstitution of the plots. Consequently, the Jaipur Development Authority issued the order dtd. 16/1/2015 reconstituting the Plots No.41, 42, 43, 46 and 47 as one plot. Subsequently, a corrigendum was issued on 20/1/2015 amending the aforesaid order rectifying certain mistakes. The petitioner also received the plans for construction of aforesaid plots, which have been approved on 30/4/2015, along with letter dtd. 2/7/2015 from the respondents. According to the petitioners, the approved plan shows that permissible FAR is 3558.19 square meter, there is club area and permissible height is stilt+27 meters. The total parking for cars is 44 and for scooters is 80. The plans have been approved for lower basement, upper basement, stilt, first, second and third floors and terrace, for an achieved height of 12.55 meters. According to lay out, Plot No.42 is a corner plot having at 60' wide road on its front and 30' wide road on the side, and Plot No.43 is also having opening on 60' wide road but Plot No.41 has its opening on 30' wide road, whereas Plots No.46 and 47 have their opening on 40' wide road.

(3.) Mr. Ajeet Bhandari, learned counsel for the petitioners, has argued that since there are only two plots facing 60' wide road, the three plots having opening on 30' or 40' wide roads. They have been reconstituted purposely to allow the height permissible on the plots having its opening on 60' wide road, i.e. 11/2 time of the width of the road, and also greater FAR to the builders. According to the Table-I of the building by-laws, if the Plots No.46 and 47 are joined the maximum permissible height would be 60 feet and in case Plots No.41, 42 and 43 are joined, the maximum height would be 90 feet and that on reconstitution of all the five plots the respondents may be allowed the maximum height stilt+27 meters. This has been done only with a view to circumvent the provisions of the Rules of 1975. If the constructions were raised on individual plots, no basement would be allowed but after reconstitution, the lower basement, upper basement as well as stilt have been allowed. The flats could not have been constructed on individual plots but now because these five plots have been reconstituted, the respondents have got the benefit of maximum construction on the plots and they would also have the commercial activities on part of the plots. This would unduly affect the civil amenities meant for Aditya Vihar Vikas Samiti. The petitioner no.1 Aditya Vihar Vikas Samiti and its members are therefore aggrieved by the fact that by reconstitution of the plots, the FAR would be increased with many other benefits and this would adversely affect the residential scheme.