Judgment

Reserved on ::: May 6^th 2022

Pronounced on ::: May 20^th,2022

Reportable

(Per:Anoop Kumar Dhand,J.)

1. “Equals should be treated equally and unequals unequally.”

-Aristotle

2. The most fundamental principle of justice which has been widely accepted since it was defined by Aristotle more than two thousand years ago. This principle says that “Individuals should be treated the same, unless they differ in ways that are relevant to the situation in which they are involved.

3. It is well settled principle of justice that equals cannot be treated unequally and the unequals cannot be treated equally. Treating of equals as unequals would offend the doctrine of equality enshrined under Article 14 of the Constitution of India and that is the core issue involved in this appeal.

4. This intra-court appeal is directed against the judgment dated 28.09.2020 passed by learned Single Judge by which the writ petition submitted by the appellant-Jaipur Development Authority (for short ‘JDA’) assailing the legality of the judgment dated 17.01.2018 passed by the Appellate Tribunal, Jaipur Development Authority, Jaipur, has been rejected.

5. Facts in brief of the case are that the land of the respondents an