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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANJEET PUROHIT
Rekha Verma W/o Shri Uttam Chand – Appellant
Versus
Jaipur Municipal Corporation – Respondent
ORDER :
1. The present writ petition has been filed with the following prayer :-
“i) By issuing appropriate writ, order or direction or nature thereof thereby, to direct the respondents to issue/allot the patta/lease deed of Plot No.8, Tara Nagar-B, Jhotwara, Jaipur in favour of the petitioner with immediate effect treating the said plot to be residential in nature excluding the same from the category of facility area;
ii) Any other order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner;
iii) Cost of the writ petition may also be awarded in favour of the petitioner.”
2. The writ petition has been filed with following facts :
2.1 On 11.07.1981, the Mutual Housing Cooperative Society Ltd., Jaipur allotted a residential Plot No.8, Tara Nagar-B, Jhotwara, Jaipur measuring 373 sq. yrds (for brevity “the plot in question”) to one Shri Ashok Kumar S/o Hari Narayan and issued patta in his favour. The cooperative society, after making allotment has forwarded the list of allottees to JDA, Jaipur, which also contains the name of the original allottee Shri Ashok Kumar.
2.3 Present petitioner purchased the said plot through
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.
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.
The court established that legal ownership of property cannot be undermined by judgments aimed at preventing land grabbing of public land.
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