SURENDRA KUMAR JAIN Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Aggrieved by the order dated 16-7-2001, passed by Deputy Commissioner, Zone B, Jaipur Development Authority, Jaipur, whereby the learned Deputy Commissioner had cancelled the allotment of plot in favour of the petitioner, aggrieved by the order dated 10-1-2002 passed by the Jaipur Development Authority, Appellate Tribunal ('the Tribunal' for short), whereby the learned Tribunal had upheld the order dated 16-7-2001, passed by the learned Deputy Commissioner, the petitioner has challenged the same before this Court.

(2.) The battle is with regard to Plot No. 14 in Scheme No. 2, Jai Jawan Colony, Tonk Road, Jaipur. According to the petitioner Scheme No. 2 was prepared by the Jai Jawan Grah Nirman Sahakari Samiti ('the Samiti' for short). The said plot was allotted to one N.K. Jain. The petitioner claims that subsequently he purchased the plot from Mr. N.K.Jain. The Samiti transferred and re-allotted the plot in the name of the petitioner vide allotment letter dated 30-12-1995. The Samiti also issued a site-plan in favour of the petitioner. Ever since then, the petitioner claims to be in possession of the said plot. Furthermore, while carrying out the proceedings under Section 90-B of Rajasthan Land Revenue Act, 1956, the petitioner was asked to deposit regularisation charges by the Jaipur Development Authority ('the JDA', for short). Vide challan dated 14-3-2001, the petitioner deposited Rs. 6951/- as regularisation charges. Vide order dated 17- 3-2001, the said plot was regularised in the name of the petitioner by the JDA. However, vide letter dated 12-6-2001, the learned Deputy Commissioner called upon the petitioner to submit the allotment letter, the site-plan, the one-time lease-money and the lease-deed. Consequently, the petitioner appeared before the learned Deputy Commissioner on 21-6-2001. During the course of enquiry, it was discovered that the JDA has also regularised the same exact plot in favour of one Krishna Kumar Gelda, respondent No. 3 before this Court. The petitioner further claims that he enquired as to how his plot could have been regularised in favour of Mr. Gelda. However, he did not receive any satisfactory answer from respondent No. 2, the learned Deputy Commissioner. But, vide order dated 16-7-2001, the learned Deputy Commissioner cancelled the allotment made in favour of the petitioner. According to the order dated 16-7-2001, the plot was regularised in favour of Mr. Gelda, in pursuance of an Award dated 1-6-1989, passed by an Arbitrator, Anil Kumar Garg, Deputy Registrar, Co-operative Societies, Jaipur. The petitioner further claims that before issuing the order dated 16-7-2001, no notice whatsoever was given by the learned Deputy Commissioner. Since the petitioner was aggrieved by the said order, he filled an appeal under Section 83, Sub-section 8(a) of the Jaipur Development Authority Act ('the Act', for short), before the learned Tribunal. However, vide order dated 10-1-2002, after hearing the parties, the learned Tribunal dismissed the said appeal. Hence, this petition before this Court.

(3.) Mr. Krishna Verma, the learned Counsel for the petitioner, has vehemently argued that before any adverse order can be passed against a person, an opportunity of hearing has to be given to the person under the principles of natural justice. However, in the present case, the learned Deputy Commissioner did not give any opportunity to the petitioner. Therefore, his rights under the principles of natural justice have been violated. Secondly, the learned Deputy Commissioner does not have jurisdiction to decide the issue of title. The issue of title, can be decided only by a Civil Court. Therefore, the learned Deputy Commissioner has over stepped his jurisdiction, while cancelling the allotment duly made by the JDA in favour of the petitioner. Thirdly, these two facets of the case have not been appreciated by the learned Tribunal. Therefore, neither the order dated 16-7-2001, nor the order dated 10-1-2002 are sustainable in the eyes of law.