1999 Supreme(Raj) 1491

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Shivaraj V.Patel, P.P.Naolekar, JJ.
Amit Jain, etc. etc. - Appellant
Versus
Rinesh Gupta & ors. - Respondent
D.B. Spl. Appeal (Writ) No. 780 of 1997, alongwith 101 other similar D.B. Spl. Appeals (Writ).
Decided On : 18-11-1999

The JDA has the power to grant permission for change of use of land from residential to commercial purpose, subject to modification in the Master Development Plan of Jaipur Region. The JDA also has the power to pull down, demolish or remove any development undertaken contrary to its decision under Section 17(5) of the Act of 1982.

Headnote:

JAIPUR DEVELOPMENT AUTHORITY ACT, 1982 - SECTIONS 17, 31, 32, 33, 65, 73B, 92, 101 - RAJASTHAN URBAN IMPROVEMENT ACT, 1959 - SECTIONS 72, 73B - MASTER DEVELOPMENT PLAN - CHANGE OF LAND USE - COMMERCIAL ACTIVITIES IN RESIDENTIAL AREAS - MONITORING COMMITTEE - SURVEY - ACTION AGAINST VIOLATIONS - DIRECTIONS. The Jaipur Development Authority (JDA) is the competent authority to grant permission for change of use of land from residential to commercial purpose, subject to modification in the Master Development Plan of Jaipur Region. The JDA has the power to pull down, demolish or remove any development undertaken contrary to its decision under Section 17(5) of the Jaipur Development Authority Act, 1982 (the Act of 1982).

Fact of the Case:

In this case, two public interest writ petitions were filed alleging that residential colonies and houses in Jaipur City were being converted into commercial/business establishments in large numbers, in violation of the Act of 1982. The petitioners sought directions to the State Government and its functionaries to take strict action to stop such conversions and to direct the JDA to stop the user of commercial establishments and commercial centers in residential areas. The learned Single Judge allowed the writ petitions and gave various directions, including restraining the JDA from granting any permission for change of use of residential premises into commercial purposes without making modification in the Master Development Plan, and directing the JDA to stop the user of 24 named commercial establishments where commercial activities were going on contrary to the provisions of Section 17(5) of the Act of 1982.

Finding of the Court:

The Court held that the directions given by the learned Single Judge were very wide and incapable of execution, and that some of the directions seriously affecting the rights of the parties were given without notice and opportunity to them. The Court also held that the learned Single Judge did not properly examine the effect of Section 72 of the Rajasthan Urban Improvement Act, 1959 (the Act of 1959), Section 101 of the Act of 1982, and other relevant provisions.

Issues: 1. Whether commercial activities are going on in the various residential localities of Jaipur City? 2. Whether in such localities the use has been changed from residential to that of commercial purposes under the proper approval/permission of the concerned authorities under the provisions of the relevant act, rules and regulations?

Ratio Decidendi: The Court held that the JDA has the power to grant permission for change of use of land from residential to commercial purpose, subject to modification in the Master Development Plan of Jaipur Region. The Court also held that the JDA has the power to pull down, demolish or remove any development undertaken contrary to its decision under Section 17(5) of the Act of 1982. However, the Court held that the directions given by the learned Single Judge were very wide and incapable of execution, and that some of the directions seriously affecting the rights of the parties were given without notice and opportunity to them. The Court also held that the learned Single Judge did not properly examine the effect of Section 72 of the Act of 1959, Section 101 of the Act of 1982, and other relevant provisions.

Final Decision: The Court set aside the common order of the learned Single Judge and directed the JDA to issue notice to 24 parties contained in the directions given by the learned Single Judge, for taking action in the light of the observations made by the Court. The Court also constituted a Monitoring Committee consisting of Commissioner, JDA, Director, Town Planning, Secretary, JDA, Senior Town Planner, Collector, Secretary, Housing and Urban Development and Municipal Commissioner, and directed the Committee to get a survey of Jaipur City relating to contravention in regard to change of land use, construction or carrying on commercial activities in the residential areas against the provisions of the Act of 1982, within a period of four months. The Court further directed the JDA to take necessary steps to prevent further violations either in the matter of land use or construction of buildings or carrying on the commercial activities in violation of the provisions of the Act of 1982.