Administrative authorities must strictly adhere to procedural safeguards, including the issuance of specific show-cause notices and disclosure of material evidence, before cancelling land layouts or lease deeds. Exercise of such power without observing natural justice and statutory conditions is arbitrary and unsustainable in law.

Judgment

Judgment Reserved on : 26/05/2025

(CWP No.10054/2025 was reserved on 10/07/2025)

Judgment Pronounced on : 29/08/2025

Corrected Judgment pursuant to the modification/ clarification application and the order dated 13.11.2025 passed in S.B. Writ Misc. Application No.367/2025 & 382/2025

1. This order disposes of S.B. Civil Writ Petition Nos. 9997/2024, 9988/2024, 10016/2024, 10017/2024, 10065/2024, 10054/2024, 10074/2024, 10049/2024 and 10047/2024.

2. The challenge in the above writ petitions pertains to orders dated 29.05.2024 passed by the Udaipur Development Authority, whereby layout approval dated 24.01.2023/25.07.2023 in favour of the writ petitioners have been cancelled.

3. The facts in all the writ petitions are almost common and are referred to hereinafter for the disposal of the aforementioned two writ petitions. The writ petitioners are the owners of khatedari lands. The agricultural lands were converted into non-agricultural land under Section 90-B of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as “the RLR Act, 1956”) by orders passed in the year 2007-2008. The layout plans were approved by the Urban Improvement Trust of Udaipur. The approved layout plans were prepared large plot-wise for group housing purposes. During the Prashaasan Shaharo Ke Sang Abhiyan, 2021–2023, the petitioners made applications for approval of fresh demarcated plans demarcating large plots into small group housing plots. The said demarcated plans were approved by the Layout Plan Committee, vide proceedings dated 24.01.2023/25.07.2023. Subsequently, the allotment letters were issued and lease deeds were executed in favour of the petitioners.

4. The Udaipur Development Authority passed its decision dated 29.05.2024 cancelling the approval of demarcated map and consequently allotment letters and execution of sale-deeds were kept in abeyance and notices for cancellation of allotment and lease deed were issued. Challenging the same, the present writ petitions have been filed.

5. The cancellation of the layout plan was primarily based on the ground of sub-division of the originally approved large group housing plots into smaller group housing plots. Subsequently, approved layout plans for group housing were found to be contrary to the provisions of the Rajasthan Urban Areas (Sub-Division, Reconstitution and Improvements of Plots) Rules, 1975 (hereinafter referred to as “the Rules of 1975”) and the Rajasthan Township Policy, 2010. The second ground cited was that as per the prevailing policy, the ratio of saleable area to facility area must be 60:40, whereas the ratio of the saleable area indicated in the demarcated plans are over and above prescribed ratio allowing such a saleable area over and above the ratio are contrary to the Township Policy, 2010. The third ground was the absence of any provision in the approved plan for EWS/LIG plots, which are required to be included in accordance with the Prashaasan Shaharo Ke Sang Abhiyan. The fourth ground was that the sub-division of an existing single plot having an area of more than 3000 Sq. Mtrs. cannot be permitted without the sanction of the State Governme