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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Pooranmal Phoola Devi Memorial Trust, Through Its Managing Trustee Dr. S.S. Agarwal – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan – Respondent
JUDGMENT :
SAMEER JAIN, J.
1. The present petition has been instituted impugning the illegal and arbitrary action of the respondent–Jaipur Development Authority, (hereinafter referred to as ‘JDA’), whereby the second, third, and fourth installments deposited by the petitioner-trust towards allotment of land for the development of a hospital and medical education facility have been unilaterally refunded, and the allotment of land was cancelled, without any prior notice or intimation to the petitioner, sans granting any opportunity of hearing; thus resulting in gross violation of the principles of natural justice.
SUBMISSIONS MADE BY LEARNED COUNSEL REPRESENTING THE PETITIONERS :
2. At the outset, learned counsel appearing on behalf of the petitioner–trust apprised this Court with regard to the locus standi of the present petitioners. It was submitted that the petitioner No. 1-Pooranmal Phoola Devi Memorial Trust, is a duly registered trust (Trust deed annexed as annexure no.2) and is governed by the provisions of the Rajasthan Improvement (Disposal of Urban Land) Rules, 1974 (hereinafter referred to as ‘the Rules of 1974’). It was further submitted that petitioner No. 2, Dr. S.S. Agarwa
The principle of unjust enrichment and the doctrine of legitimate expectations were central to the court's decision, emphasizing the obligation of the Development Authority to act fairly and reasonab....
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
(1) Breach of reciprocal contractual obligations – A commercial document ought not to be interpreted in a manner that arrives at a complete variance with what may originally have been intention of pa....
The cancellation of land allotment by MHADA was justified due to the Trust's failure to comply with payment obligations and suppression of material facts.
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