BANWARI LAL SHARMA Vs. JDA

JUDGEMENT

(1.) THE Jaipur Development Authority (here -in - after called as the JDA), a public sector undertaking, a State under Article 12 of the Constitution of India, is covered by the statutory provisions called the Jaipur Development Authority Act (hereinafter called the JDA Act). It is engaged with the development of Jaipur in a planned manner. One of the functions of the JDA is to develop the land for residential purposes by framing the proper scheme. Land is acquired for the purpose of development where -ever it is so needed. It has got its own set of regulations and rules for developing and for disposal of the land. In pursuance of its statutory functions, the JDA had framed a scheme called 'Vidhyadhar Nagar Scheme' which scheme was situated towards Northern -Western side of Jaipur and for the purpose of the scheme, the land measuring 350 hectares was to be utilised. This scheme was situated at 4 Kms. from the railway station and 4.5 Kms. from bus stand. It was proposed to carve out the residential plots measuring 45 sq. meters. The area of 45 sq.m. was falling under the category I, area of 90 Sq.m. was falling under the category II, area of 180 sq.m. was falling under the category HI and the area of 270 sq.m. was falling under the category IV, however, the area of categories could also vary as per the situation.

(2.) APPLICATIONS were invited for approx. 3000 plots of the above said categories. It was mentioned in the scheme that certain plots were corner plots and any person having been allotted the comer plot shall have to pay 10% more than the fixed price being 'preferential'. In the pamphlet, costing Rs. 15/ - contained the a map and other conditions of allotment of which the plots were to be allotted by way of draw of lots and no plot was reserved for sale by way of auction. Plots were not re -sellable for 10 years from the date of allotment and were to be given on lease of 99 years. The last date for receipt of the applications was 10.3.1987.

(3.) RAMESH in S.B. Civil Writ Petition No. 3632/90 who was also the applicant for category B was put on waiting list at Sr. No. 67.