High Court Of Rajasthan
Judgename : R.M. Lodha
R.S.Chauhan Poonam Chand Bhandari - Appellant
Versus
State of Rajasthan - Respondent
850 of 2006
Decided On : 05/11/2007
Land Allotment - Infrastructure Development - Jaipur Development Authority Act, 1982, Section 54; Rajasthan Improvement Trust (Disposal of Urban Land) Rules, 1974, Rule 15, Rule 15-B - The court discussed the allotment of land for the World Trade Park project, the authority of the Jaipur Development Authority (J.D.A.) and the State Government, and the guidelines for disposal of urban land under the relevant rules. The court emphasized the need for definite guidelines and policy for allotment of land for infrastructure projects and the importance of transparency and fairness in the distribution of state largesse.
Fact of the Case:
The petitioner challenged the allotment of prime land on J.L.N. Road to the Respondent No. 4 for the World Trade Park project, alleging malafide allotment and violation of rules.
Finding of the Court:
The court found that the allotment was made in accordance with the decision of the Board of Infrastructure Development and Investment Promotion (B.I.D.I.) and the State Government, and the project was considered an infrastructure project. The court also noted the delay in challenging the allotment and the progress of the construction work.
Issues: The issues included the authority of the J.D.A. and the State Government in land allotment, the applicability of rules for disposal of urban land, and the fairness and transparency in the distribution of state largesse.
Ratio Decidendi: The court emphasized the need for definite guidelines and policy for allotment of land for infrastructure projects, the importance of transparency and fairness in the distribution of state largesse, and the authority of the J.D.A. and the State Government in land allotment.
Final Decision: The court upheld the allotment of land for the World Trade Park project, finding it in accordance with the relevant rules and decisions of the B.I.D.I. and the State Government.
R.M. Lodha, J.-Jaipur, popularly known as Pink City, besides the capital of the State of Rajasthan is an important tourist destination. The growth of the city is rapid. It is rated as one of the fastest growing cities in the country. M/s. R.F. Properties & Trading Private Limited (Respondent No. 4) says that the World Trade Park to be built by them shall be State of Art building to provide international show-case to the state industry. The building is to have a computer controlled integrated building management system, wireless LAN, Trade Information Bureau, Electronic Trading Facilities, Electronic Facilities for export enquiries, Auditoriums, Convention Center, Trade Fair Zones, Exhibition Centers, Showrooms, Display Centers, Corporate Offices, Guest Rooms, Multiplex, Conference Rooms with Video Conferencing Facilities and Business Centers. The building shall have special zones for B.P.O. Industry and service providers, Bio-Technology, Information Technology, Banking and Insurance, Gems and Jewelery, Handicrafts and Textiles etc. The Respondent No. 4 claims that the World Trade Park would increase business tourism, enhance investment in State, increase employment by providing direct employment to around 5,000 persons and indirect employment to around 20,000 persons. It shall be open to all, irrespective of segment or industry and empower the people of Rajasthan and provide them with a word of opportunities.
The Allotment
2. On 01.09.2004, the Respondent No. 4 submitted a proposal to the State Government for creating World Trade Center at Jaipur alongwith request for allotment of land. A presentation is said to have been made by the Respondent No. 4 on that very day. In the presentation, the Respondent No. 4 highlighted that Jaipur may be brought to a new pedestal for economic growth and up-liftment by providing state of the art World Trade Park.
3. Considering the nature of the proposed development, the State Government asked the Jaipur Development Authority (J.D.A.) to submit its comments on the proposal made by the Respondent No. 4.
4. The J.D.A. vide its communication dated 13.09.2004 provided its comments to the State Government observing that from the perusal of the project report and presentation, the utility of the project was extremely important for the city of Jaipur as it would bring in revenue augmentation, employment generation, industrial development and business investment due to provision for IT enabled services, place for international trade fairs, conferences, convention center etc. In response to the request of the Respondent No. 4 for allotment of 17,000 to 20,000 Square Meters, the J.D.A. stated that the land ad-measuring 16338 square meters available on Jawahar Lal Nehru Road (J.L.N. Road) can be considered for allotment. About the rate of the land, some instances were referred to in the comments and J.D.A. noticed that the commercial reserve for J.L.N. Road has not been declared.
5. After receipt of comments from the J.D.A., a decision was taken by the Urban Development Department to place the matter for consideration in Board of Infrastructure Development and Investment Promotion (B.I.D.I.). the J.D.A. was, accordingly, asked to submit the report for placing the matter before
B.I.D.I.
6. On 011.2004, the J.D.A. sent a detailed note to be placed for consideration by B.I.D.I.
7. The matter was placed before the 17th Meeting of B.I.D.I. held on 112.2004. The B.I.D.I. directed the Chief Secretary and the Additional Chief Secretary to Chief Minister to examine the issue and submit their recommendations regarding terms of allotment in the next meeting after obtaining the project report and company profile from the Respondent No. 4.
8. On 18.01.2005 pursuant to the direction of B.I.D.I., the Chief Secretary held the meeting and directed the J.D.A. and Finance Department to study the entire matter and place the matter for consideration by B.I.D.I. once the views of the concerned Departments were avail
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