ORDER :

1. By filing the present writ petition the petitioner- Jaipur Development Authority (for short ‘the petitioner- JDA’) has made a challenge to the judgment dated 15.12.2016 passed by the Appellate Tribunal, Jaipur Development Authority, Jaipur (for short ‘the Appellate Tribunal’) in Appeal No.182/2013, whereby the Appellate Tribunal quashed and set aside the letter/order dated 01.10.2013 issued by the Jaipur Development Authority (for short ‘the JDA’) and issued certain directions. The operative part of the order dated 15.12.2016 passed by the Appellate Tribunal is as under:-

^^1- tfoizk ds vkns'k fnukad 01-10-13 dk tks vk{ksfir vkns'k gS og fof/k fo:} gksus ds dkj.k vikLr fd;k tkrk gSA

2- izR;FkhZ tfoizk dks ;g vknsf'kr fd;k tkrk gS fd og vihykFkhZ dEifu;ksa ds LokfeRo ,oa vkf/kiR; ds mDr rhuksa Hkw[k.M la[;k ,]ch]lh dze'k% 17853 oxZehVj] 57400 oxZehVj ,oa 2086-50 oxZehVj dk iquZxBu dj Hkou fofu;e] 2010 es O;kolkf;d iz;kstukFkZ fu/kkZfjr ekun.Mks ds vuqlkj vkt ls ,d ekg esa LFky ekufp= tkjh djsaA

3- iquZxfBr LFky ekufp= tkjh djus ds i'pkr tfoizk }kjk vihykFkhZ dEifu;ksa }kjk ,d ekg esa Hkou ekufp= vuqeksnukFkZ izLrqr fd;s tkus ij tfoizk mDr Hkou ekufp= dks fu;ekuqlkj 2 ekg dh vof/k esa vuqeksfnr dj tkjh djsaA

4- Hkou ekufp= vuqeksnu dh frfFk ls fuekZ.k vof/k dh x.kuk dh tkos rFkk uxjh; fodkl foHkkx] jktLFkku ljdkj ds i= dzekad i-10 ¼61½ ufofo@3@2009 fnukad 19 tqykbZ] 2013 dh ikyuk dj Hkou ekufp= tkjh fd;s tkosA

5- bl fu.kZ; dh izekf.kr izfr lfpo] tfoizk dks vo';d okLrs dk;Zokgh gsrq izsf"kr dh tkosA^^

2. The background of this case is that the respondents/appellants owned and possessed 5.74 hectare land, situated in Village Chainpura, Tehsil Sanganer, towards Southern Western side of Jawahar Circle and also 17853 sq. meter land adjacent to it. In the year 1999, the Tourism Department, Rajasthan issued No Objection Certificate for Entertainment Complex Project envisaged by the respondents/appellants and after following the due process of law on 15.11.2000 the Urban Development & Housing Department (for short ‘the UDH’) issued a letter to the JDA in regard to conversion of 5.74 hectare land owned by the respondents/appellants from agricultural purpose to commercial purpose on the rates as mentioned in Point No.3 of the Circular dated 13.09.2000. On 25.01.2001 the JDA issued an allotment letter for the land measuring 57400 sq. meter and on 17.02.2001 a lease deed was also executed by the JDA for commercial use and 200 ft. wide road was provided as an approach road. After approval of the plans by the JDA for the construction of Multiplex, the respondents/appellants submitted an application for allotment of 18833 sq. meter land for entertainment purposes stating that the said land belongs to them but it is being considered as a government land as the land acquisition proceedings are pending. After due sanction, a lease deed was issued on 25.11.2003 for the Project.

3. On 18.12.2007 an application was moved by the respondents/appellants under section 90B of the Rajasthan Tenancy Act in respect of 3500 sq. meter land bearing Khasra No.148/1. The JDA observed that 1413.50 sq. meter land is affected by the plan of Sector Road and 2086 sq. meter land could be regularized. The lease deed for the land for part of Khasra No. 148/1 was executed on 04.10.2013 with the condition that no construction shall be made on it. In this manner the respondents/appellants in all hold the land measuring 77,339.50 sq. meter by way of three lease-deeds in their favour.

4. The respondents/appellants applied for reconstitution of their three plots to the JDA and when no heed was paid to them by the JDA, they preferred S.B. Civil Writ Petition No.3850/2010 (Prerna Agriculture Farms Pvt. Ltd. & Ors. Vs. Jaipur Development Authority), which was disposed of vide order dated 12.08.2011 with the direction to the government to take a decision on the application of the respondents/appellants for reconstituting the plots expeditiously and preferably within 90 days.