EIH ASSOCIATED HOTELS LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the judgment dated 9.6.2006 (Anx. 16) passed by the Jaipur Development Authority Appellate Tribunal (in short 'the Tribunal') whereby Reference No. 107/2006 filed by the petitioner has been dismissed. The petitioner has further challenged the impugned notifications dated 31.1.2006 (Anx. 14) and 26.6.2006 (Anx. 17) whereby objections have been invited for proposed conversion of land use in Kho- Nagorian, Tehsil Sanganer, Distt. Jaipur in respect of Khasra Nos. 596, 597, 598, 599, 600 measuring 3.40 Hectares and further in later notification dated 26.6.2006, the total land use of 3.40 Hectares of the aforesaid Khasra Nos. has been changed from 'ecological' to 'residential'.

(2.) In order to deal with the facts in effective manner, the facts referred in the writ petition and the documents annexed thereto; reply and documents annexed thereto as well as rejoinder have been consolidated and the same are as under:

(3.) In the Master Development Plan of Jaipur, 2011 (in short 'the Master Plan') three Zones have been delineated namely 'urbanisable area', 'ecological zone' and 'rural area'. The case of the petitioner is that land of the aforesaid Khasra Nos. falls within the ecological zone and the same has been converted to residential area contrary to the interim directions of this Court dated 20.5.2004, final directions dated 17.3.2005 and without considering the statutory flavour of the ecological zone attached to it as per Section 25 of the Jaipur Development Authority Act, 1982 (in short 'the JDA Act'). As regards challenge to the order of the Tribunal as well as the aforesaid impugned order of inviting objections and finalisation of the same, other facts which are relevant have been mentioned that on 1.2.2006, the notification dated 31.1.2006 u/s. 25(3) of the JDA Act was published calling for the objections within fifteen days with regard to the change of land use of aforesaid Khasra Nos. 596 to 600 of the master plan. The petitioner who is said to have been running a Motel has not filed any objection. However, the objections have been received from other persons and the same were finalised by issuing the notification u/s. 25(1) of the JDA Act on 26.6.2006 permitting the land use of Khasra Nos. 596 to 600 from ecological to residential. In between, the Reference Application filed by the petitioner without filing any objection was dismissed on 9.6.2006. The challenge to the order of the Tribunal is also based on the aforesaid facts and grounds.