1. By this common order, two writ petitions - SBCWP No.3245/2008 and 8055/2008 arising out of interim order dated 13.2.2008 of appellate authority and final order dated 18.8.2006 in the same set of proceedings upholding declaration of the appellant as unauthorised occupant, are being decided.

2. In SBCWP No.3245/2008, the petitioner has challenged the interim order dated 13.2.2008 (Anx.1) passed by the Additional Distt. Judge No.1, Jaipur City, Jaipur in the capacity of Appellate Authority under the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (in short 'the Act of 1964') whereby the appellate authority has allowed an opportunity of producing evidence before it by the parties while disposing of the application under Order 41 Rule 27 Civil Procedure Code.

3. SBCWP No.8055/2008 is directed against the final order dated 12.8.2008 (Anx.26) passed in Civil Appeal No.14/2008 (46/07) whereby the appeal filed by the petitioner against the order dated 14.6.2007 of the Estate Officer has been rejected.

4. Although the order dated 13.2.2008 merged in the final order dated 12.8.2006 but since the writ petition is still pending, therefore, both the writ petitions have been heard together and are being decided together.

5. Brief facts giving rise to the case are that on 6.4.1955, 567 Sq. Yards land was allotted to the petitioner at Khasa Kothi, Jaipur by the then Urban Improvement Trust (U.I.T.) for installation of petrol pump. On 4.10.1972, the petitioner received a letter from the Secretary, U.I.T. by which alternate land in place of the originally allotted land was offered. On 18.4.1974, the U.I.T. prescribed conditions for allotment of plot of land specifying the period of thirty years and other terms. On 4.11.1976, the lease dead was executed in favour of the petitioner by the U.I.T. for a period of four years i.e. upto 6.4.1980 as per Clause 3 with renewal Clause No.5 for entering into fresh lease agreement in accordance with the Revenue Department Standing Order No.1. On 12.12.1979, the petitioner submitted copies of the plan for proposed building of petrol pump before the U.I.T. After expiry of the term on 6.4.1980, between 15.5.1980 and 1.3.1990, there was correspondence between the petitioner and the UIT/JDA for taking action for approval of plans of the installation of petrol pump. On 27.3.1991, the petitioner deposited amount said to be the lease amount for renewal totalling to Rs.13,333/- the intimation of deposit of which was given on 4.7.1992. Thereafter, on 25.9.1992, a reminder for renewal was given and the plans were submitted. On 5.9.1995, the Jaipur Development Authority (JDA) issued an order of cancellation of allotment of lease deed in favour of the petitioner. The petitioner filed an appeal against the order dated 5.9.1995 and the order dated 5.5.1995 was set aside by the J.D.A. Appellate Tribunal and it was made clear that in case the JDA wants to dispossess the petitioner, action could be taken in accordance with law. On 28.10.1998, the JDA made an attempt to auction the land in question without affording an opportunity of hearing to the petitioner, therefore, the petitioner filed a reference before the J.D.A. Appellate Tribunal which was allowed on 13.4.2004 with a direction that the JDA is restrained from dispossessing the petitioner, except without following due process of law.

6. On 7.1.2006, the Estate Officer issued notice under section 4(1) of the Act of 1964 and the petitioner gave reply thereto on 1.2.2006. On 14.6.2007, the Estate Officer passed an order of eviction. Thereafter, notice under section 72 of the JDA Act was given to the petitioner on 14.8.2007 and the petitioner gave reply to the same.

7. On 23.8.2007, the land in question was allotted to N.H.I. and R.C. and the amount was deposited by the N.H.I. & R.C. respondent No.3 on the same day, and further lease deed was executed in favour of respondent No.3. On 24.8.2007 the petitioner filed an appeal before the, JDA Ap