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2006 Supreme(Raj) 1434

K.S.RATHORE
M/s. Sumeru Enterprises – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. G.S. Bapna and Mr. R.S. Mehta, for the Petitioners.
Mr. N.K. Joshi and Mr. Sanjay Pareek, for the Respondents.

Judgment

K.S. Rathore, J.-Since all these writ petitions involve similar question of law thus the same are decided by this common Judgment . The facts of the case of the Writ Petition No. 5031/1994, Ms. Sumeru Enterprises Jaipur vs. State, are taken as a leading case.

2. It is contended on behalf of the petitioners that the Master Plan of Jaipur City came into force on 04.06.1976 wherein the land in dispute which was situated at MI Road, Jaipur has been earmarked for commercial use. The J.D.A. Act, 1982 came into force of 110.1982. Under the J.D.A. Act, Jaipur Development Authority (Building) Regulations, 1989 are framed and Clause 12.2 of the Regulations, 1989 reads as under:-

3. And in the Regulations, 1989, Table 6 is under challenge and the petitioner seeks writ, order or direction to quash and set aside Note. 2 of Table 6 of the Regulations, 1989 which is reproduced as under:-

4. The petitioners also challenged the letters dated 010.1993, 24.05.1994 issued by the respondents and also challenged the decision of the Executive Committee dated 11.07.1988 and 010.1985.

5. Vide letter dated 010.1993, the Member Secretary, Jaipur Development Authority informed the petitioner that the











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