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SUDESH BANSAL
Nemi Nagar Vistaar Vikas Samiti – Appellant
Versus
Jaipur Development Authority – Respondent
JUDGMENT :
SUDESH BANSAL, J.
1. In both the writ petitions, petitioner is common i.e. Nemi Nagar Vistar Vikas Samiti, which is a registered Society under Registration No. 1042/2008-09 and the issue involved in both the writ petitions is interconnected, hence, with the consent of counsel for both parties, both writ petitions have been heard together and would stand decide by this common judgment.
2. S.B. Civil Writ Petition No. 984/2023 has been filed by petitioner-Vikas Samiti under Article 227 of the Constitution of India, challenging the judgment dated 29.11.2022 passed by Appellate Tribunal, Jaipur Development Authority (for short “JDA Tribunal”) Jaipur in Appeal No. 139/2020, whereby and whereunder appeal filed by petitioner-Vikas Samiti under Section 83 of the Jaipur Development Authority Act, 1982 (for short “Act of 1982”) has been dismissed, consequentially the prayer of petitioner to quash the order dated 10.04.2015 of the Building and Planning Committee (for short “BPC”) meeting of JDA, has been denied so also the prayer to cancel the lease deeds of respondents No. 4, 5, and 6 for Plot Nos. 18-A, 18-B, 19, 30, 30-A and 30-B in Nemi Nagar Vistar Scheme, has been declined. The
The court affirmed that the approved layout plan of 2008 designates specific plots as residential, rejecting claims of their designation as park facilities.
The main legal point established in the judgment is the necessity for proper consideration of the waiver issue under sec. 115 of the NIT Act in the context of the maintainability of the suit and the ....
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 main legal point established in the judgment is that the entitlement to the relief of permanent injunction is dependent on the possession of the land reserved for a public park under the sanction....
The court established that legal ownership of property cannot be undermined by judgments aimed at preventing land grabbing of public land.
The main legal point established in the judgment is that the JDA Authorities cannot cancel or modify a registered lease deed, and such power is only available to the Civil Court.
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