POONAM CHAND KASLIWAL Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The land possessed by the father of the petitioner Jagannath as owner measuring 2053 sq. yds. of having been acquired in the year 1934 by the then Jaipur State was ultimately compensated by way of allotment of three plots numbering A-19, B-37, B-38 to the petitioner in Janta Colony Scheme measuring 133 sq. yds. vide allotment order dated 2-4-1977. Even though before having been allotted the plots in Janta Colony Scheme, the petitioner had to suffer many other allotments in lieu of his acquiring of his original land and repeated cancellations and reallotments. There is no dispute that the petitioner was the owner of the plot having been given to him by the erstwhile Jaipur State in the year 1927. This land was acquired by the State in the year 1934 and he was allotted alternative land after about 28 years on 15-11-1961 measuring 1333.3 sq. yds., as comprising of plot No. A-53 Moti Doongri Scheme. This Moti Doongri Scheme allotment was also cancelled for apparently no reasons on 5-3-1977 by the Jaipur Development Authority and the matter having been represented by the petitioner, he was once again compensated and was granted the allotment by way of compensation of the land acquired as stated above in the plots in Janta Colony Scheme as mentioned above. Possession of these plots were handed over on 2-4-1977.

(2.) Janta Colony Scheme was an approved and planned scheme by the UIT wherein number of plots were carved and the abovesaid three plots were the approved plots of the scheme. The petitioner in order to construct on the plots had submitted the maps/plans to the authorities which were approved on 16-1-1980 vide Annexure-14. It is stated that within one month of the approval the petitioner started the construction on the said plot. Adjoining to the plots as per the map attached Annexures-8, 15, 16 and 17, there is a land of a Government Mental Hospital. The Management of the Government Mental Hospital started disputing the possession of the plot allotted to the petitioner in Janta Colony Scheme with the result that the petitioner had to file an injunction suit in the Civil Court and initially obtained a status quo order restraining the Mental Hospital to interfere in his possession. However, because of the reason that the interim status quo order was vacated later on, the petitioner did not pursue with the remedies of civil suit of injunction as stated by counsel for the petitioner.

(3.) The petitioner received a show cause notice dated 25-10-1985, copy of which is attached as Annexure-18 to the writ petition when the Jaipur Development Authority (for short JDA) had informed the petitioner to the effect that the maps/plans of construction as approved by the JDA on 16-1-1981 for constructing on Plot No. A-19, B-37 and B-38 in the Janta Colony, but on the information received from the management of the Mental Hospital, Jaipur, it has been found that the said plots are alleged to be in possession of the Mental Hospital and, therefore, the petitioner was told that the maps sanctioned for the construction of the plots are likely to be cancelled. The petitioner was asked to submit his explanation. Vide Annexure-19 dated 22-1-1986 the maps sanctioned were cancelled. The only ground for cancelling the maps was that the land in question is said to be in possession of the Mental Hospital as claimed by the Hospital. The petitioner is aggrieved against the order Annexure-19 and the show cause notice Annexure-18 and has prayed that both the orders be quashed.