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SAMEER JAIN
Shanta Pagaria (Since Deceased), Represented Through Lrs – Appellant
Versus
Jaipur Development Authority – Respondent
ORDER
Sameer Jain, J. - The instant petition is filed under Article 226 of the Constitution of India being aggrieved by the order dated 06.08.2015, passed by the learned Presiding Officer, Jaipur Development Authority Tribunal in Contempt Petition No. 345/2012 titled as 'Smt. Shanta Pagaria vs. Jaipur Development Authority', whereby the contempt petition so filed by the petitioner for compliance of the erstwhile directions/orders dated 27.08.2004 and 31.07.2009, was rejected.
2. It is contended by the learned counsel for the petitioner that the very foundation of the order impugned dated 06.08.2015 is illegal and perverse, when juxtaposed with the factual matrix of the instant matter. In this regard, learned counsel for the petitioner submitted that while rejecting the contempt petition so preferred by the petitioner, the learned Jaipur Development Authority Tribunal (hereinafter, Tribunal) has misplaced reliance upon the judgment of this Court enunciated in D.B. Civil Writ Petition No. 13084/2009 titled as Rakesh Sharma and Ors. vs. State of Rajasthan & Ors. To substantiate upon the said misplaced reliance by the Tribunal, learned counsel for the petitioner contended that vide the s
Once land is acquired by the government and physical possession is taken over, any right of a private person stands extinguished. Additionally, any purchase of public land is non-est in the eyes of t....
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
The main legal point established in the judgment is the requirement for the BDA to act fairly and reasonably in its decisions, especially in matters involving property rights, and to ensure complianc....
Rejection of a lease deed for a residential plot based on facility area classification, previously invalidated by tribunal, violates Article 14 due to unequal treatment.
The court affirmed that the approved layout plan of 2008 designates specific plots as residential, rejecting claims of their designation as park facilities.
Possession continues until lawful dispossession occurs, with title passing to the auction purchaser upon full payment, regardless of sale certificate issuance.
Acquisition proceedings under the Land Acquisition Act, 1894 lapsed due to non-payment of compensation and non-taking of possession, as per Section 24(2) of the 2013 Act.
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
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