Hon'ble Dr. KOTHARI, J.—The petitioner, Jodhpur Development Authority, through its Commissioner, has approached this Court by way of present batch of writ petitions, inter alia, claiming the quashing of judgment and order dated 26/10/2009 passed by the District Consumer Dispute Redressal Forum, Jodhpur on a complaint filed under Section 12 of the Consumer Protection Act, 1986 and further appellate order dated 6/1/2010 passed by the State Commission dismissing the appeal of petitioner, Jodhpur Development Authority and by way of interim relief, it is prayed that the Divisional Commissioner – Respondent no.3 may be restrained from executing the said judgment and order or otherwise taking any action against the JDA, Jodhpur in compliance thereof.

Factual Matrix

2. The facts giving rise to these writ petitions by a public body, Jodhpur Development Authority ('JDA' for short) which substituted the Urban Improvement Trust, Jodhpur ('UIT' for short) under the Jodhpur Development Authority Act, 2009, are as under.

3. The land comprising of 46 khasras in khasra no. 771, 769 and 805/769 and khasra no. 751/43 in Jodhpur was set apart for residential purposes and placed under the disposal of UIT, Jodhpur in 1974. Certain persons disputed the said land to be government land and claimed that they purchased the land from khatedars and got the land converted under the relevant rules and obtained Pattas from the Land Conversion Officer, Jodhpur.

4. Shorn of unnecessary details about litigations about these lands, the relevant facts would require mention of a resolution passed on 9/1/1997 (Ex.1) by UIT, Jodhpur and 17 members of the UIT headed by Mr.Damodar Bang as Chairman of the UIT, Jodhpur attended the said meeting and inter alia it was decided that out of aforesaid 46 khasras leaving aside khasra no. 751/43 for the residential colony Polo Link Society, for remaining khasra no. 771, 805/769, 809/771, 810/771, 811/771, 813/771 and 813/1/771 a map be prepared for developing this land and after leaving place for public garden, roads and after removal of encroachments, patta holders may surrender their respective title in favour of UIT & they would be reallotted the same as residential plots after realizing a sum of Rs. 560/- per sq. mtr. so that said residential colony of these lands may be developed to be named as 'Samanvay Nagar' and 'Shyam Nagar'. Broadly, it was decided that 20% - 25% of land would be reduced from their surrendered measurement of land, which will provide land for development of roads etc.

5. The bone of contention in the present case between the parties is the part of this Resolution dated 9/1/1997 which said that if there is any encroachment on any plot of land in these two colonies known as 'Samanvay Nagar' and 'Shyam Nagar', the liability to remove such encroachment will be that of the lessee or patta holder himself and UIT, Jodhpur will only provide all possible cooperation for the same.

6. It is not in dispute that complainant respondent was given a 99 years lease by the petitioner Jodhpur Development Authority (the then UIT, Jodhpur) upon surrender of original title deed in favour of UIT, Jodhpur and illustratively taking the facts of Civil Writ Petition No. 11316/2010, the respondent no. 4 Shri Lakhpat Dhankani was given allotment of plot no. 35/2 measuring 343.35 sq.mtr. in khasra no. 771 vide allotment letter Ex.3 dated 26/3/2004.In the said allotment letter dated 26/3/2004, the UIT, Jodhpur clarified that after developing roads and removal of encroachment from the plot of land in question, the demarcation of exact location of plot would be made and as a result of that site plan attached with the lease deed may also require amendment which will be acceptable to the allottee. Accordingly, for the area of land measuring 60x45 ft. allottee – respondent no. 4 was called upon to deposit the sum of Rs.2,13,710/-, which he deposited and condition no. 10 of the said allotment letter further required that the allottee shall have

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