SHIV NAGAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have filed this present writ petition wherein they have challenged the decision taken by the Bhawan Nirman Manchitra Samiti in its 92nd meeting dated 27.01.2006 of agenda No.9 and also the decision of the JDA Appellate Tribunal dated 10.11.2006.

(2.) Vide decision dated 27.01.2006 in its 92nd meeting, the JDA has revised its earlier decision taken in 14th meeting dated 17.04.2002 and has released plots No.146 to 152 and 159 to 165 from the facility area.

(3.) The submission of the learned counsel for the petitioner is that housing society i.e. Mutual housing cooperative society limited, had set up on Kalwar road scheme known as Shiv NagarA. While approving the plan submitted by the Mutual Society , the JDA in its 14th meeting held on 17.04.2002 had approved facility area of 3500 square yards for construction of park. The JDA also constructed a 4 feet high boundary wall around the park and the facilities of the park were being enjoyed by the residents of the area peacefully and uninterrupted. When the plot holders purchased their plots, the Mutual Grah Nirman Sahkari Samiti had shown the park of the area of 3500 square yards.