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1993 Supreme(Raj) 149

N.L.TIBREWAL
Nizam – Appellant
Versus
Jaipur Development Authority – Respondent


Advocates:
Appearance :
P.C. Jain, Amicus Curiae for the residents of the locality
C.K. Garg, P. Asopa and G.K. Garg, for the New Lite Housing Co-operative Society
A.K. Sharma, for the Modern Educational Cultural Society
R.R.L. Gupta, for the Respondents

Judgment

N.L. Tibrewal, J.-Both the writ petitions relate to the same subject-matter and common questions of law and facts are involved hence, they are disposed of by a common order. An important question of general

importance involved in the petitions is : --

“Whether an open space/spaces reserved as per approved scheme under Rajasthan Urban Areas (Sub-Division, Reconstruction and Improvement of Plots) Rules, 1975 could be allotted by Jaipur Development Authority to a private personal body for a school.”

2. Rajasthan Urban Areas (Sub-Division, Reconstruction and Improvement of Plots) Rules, 1975 (in short, ‘the Rules’) have been framed by the State Government in exercise of powers under Section 74 read with Section 73-A of the Urban Improvement Trust Act (for short, ‘UIT Act), The Rules provides a complete procedure permission for subdivision, reconstruction and improvement of plots by a person or a private individual or a local authority or group of individuals, societies including Co-operative Societies or companies whether incorporated or not, or a coloniser, a State Government Department other than the Defence Department of the Government of India, Under Rule 28, the Trust is em







































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