The court upheld the validity of the JDA's layout plans and lease deeds, confirming that the plots in question were not designated as facility areas, thereby affirming the limited scope of review under Article 227.

Judgment

Judgment reserved on : October 23rd, 2024

Judgment Pronounced on : November 6th, 2024

BY THE COURT :

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 prayer of petitioner, in the instant writ petition is that the judgment dated 29.11.2022 passed by JDA Tribunal and the order dated 10.04.2015 of BPC be quashed so also the registered lease deeds of respondents for plots in question be cancelled and the decision dated 13.02.2015 taken in 225th BPC meeting of JDA in respect of developing the lands in question of abovereferred six plots as facility of Park in the Nemi Nagar Vistar Scheme, be restored and maintained.

3. S.B. Civil Writ Petition No.9695/2023 has been preferred by the petitioner-Vikas Samiti under Article 227 of the Constitution of India , impugning the order dated 29.05.2023 passed in Civil Miscellaneous Appeal No.17/2022 (CIS No.94/2022) by the Court of Additional District Judge No. 2, Jaipur Metropolitan II, in respect of Plot No.18-A situated in Nemi Nagar Vistar Scheme, whereby and whereunder while setting aside the order dated 09.05.2022 passed by the Additional Civil Judge and Metropolitan Magistrate No. 3, Jaipur Metropolitan II, dismissing the application for temporary injunction filed by respondent No. 2, the appeal has been allowed and the order of temporary injunction has been passed in favour of respondent No.2 and against the petitioner-Vikas Samiti, not to create hindrance and interruption in peaceful use and occupation of plot in question by the respondent No.2-plaintiff. The operative portion of the order reads as under:-

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S.B. Civil Writ Petition No.984/2023

4.1 Petitioner-Vikas Samiti has come up with a case that Nemi Nagar Vistar Colony was carved out and developed by the Topkhana Desh Grah Nirman Sehkari Samiti Limited (respondent No.3 herein) in the year 1981 and the layout plan of colony was technically approved by the JDA in its 2nd BPC meeting dated 19.06.1985. In such layout plan, three facility areas at different places were shown but on one facility area, later on, six residential plots bearing No. 18-A, 18-B, 19, 30, 30-A and 30-B were carved out by the cooperative society and in 115th meeting of BPC dated 17.01.2008, decision was taken by JDA to approve such layout plan and finally, same has been approved on 23.04.2008.

4.2 The Vikas Samiti has further pleaded that one Reference Petition bearing No. 271/2009 before the Appellate Tribunal, Jaipur Development Authority, Jaipur, invoking scope under Section 83 of the Act of 1982 was filed by the Samiti, but same was dismissed vide order dated 24.08.2009 as not maintainable and thereafter, petitioner-Vikas Samiti invoked Writ Jurisdiction of High Court under Article 226 of the Constitution of India by filing a D.B. Civil Writ (PIL) Petition No. 12990/2011.

4.3 It is the case of Vikas Samiti that during course of PIL Petition, in 225t