(1) DB CIVIL SPL. APPEAL(W) 1365/2012

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

JUDGMENT

D.B. CIVIL SPECIAL APPEAL(WRIT) NO.1365/2012

IN

S.B. CIVIL WRIT PETITION NO.17001/2011

VEENITA MEENA & ANR.

Vs.

MEMBER J.D.A. APPELLATE TRIBUNAL, JAIPUR & ORS.

DATE:08.11.2012

HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA

HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I

Mr. Dileep Sinsinwar, for the appellants.

****

BY THE COURT:(PER HON'BLE JAIN, J.)

There is delay of 30 days in filing the intra-Court

appeal.

2.

For the reasons mentioned in the application, duly

supported by an affidavit, delay in filing the appeal is

condoned. Application under Section 5 of the Limitation Act

stands allowed.

3.

Heard learned counsel for appellants on admission

of the appeal.

4.

Appellants-petitioners have preferred this intra-

Court appeal challenging the impugned order of the Single

Bench dated 20.07.2012, whereby writ petition, filed by

appellants-petitioners, has been dismissed.

5.

Briefly stated the facts of the case are that

appellants were allotted Plot Nos.62 and 61-A respectively,

(2) DB CIVIL SPL. APPEAL(W) 1365/2012

measuring 200 Sq. Yds. each, vide allotment letter dated

20.09.1992 and 21.02.1995 respectively, by Shankar Bhawan

Nirman Sahkari Samiti Ltd., Jaipur(hereinafter referrred to as

'the Housing Society'). Appellants filed Reference Application

No.200/2011 before the Jaipur Development Authority

Appellate Tribunal, Jaipur(hereinafter referred to as 'the

Tribunal') with the allegation that the Housing Society filed a

list of its allottees for the purpose of regularization before the

JDA on 30.09.1997, wherein the said plots have not been

shown in the facility area, but still the JDA officials came on

spot on 25.06.2011 and told the applicants to remove their

possession and given threatening that in case they do not

remove their possession, then they will be dispossessed.

Therefore, the JDA may be restrained from dispossessing the

applicants and not to include their plots in the facility area. The

Reference Application was contested by the JDA by filing

written reply, wherein it was stated that without regularization

of any Housing Society, the person concerned does not get any

right of ownership on the basis of allotment letter of the

Housing Society. The plots, which are falling in the facility area

or within the road or park, cannot be regularized.

6.

After considering the submissions of the parties,

the Tribunal dismissed the Reference Application, observing

that plots of applicants have not been regularized, therefore,

action of the JDA is not malafide or arbitrary. The Housing

Society has not challenged the regularization order of the

Housing Society. In case, a member of any Society has

committed any forgery with the applicants, then they are at

(3) DB CIVIL SPL. APPEAL(W) 1365/2012

liberty to take any legal action against them.

7.

From the record, it appears that order of the

Tribunal was not challenged by the appellants, but they filed

writ petition before the Single Bench with the prayer that

respondent Nos.1 to 4 may be directed to regularize the plots

of petitioners and to release their plots from the facility area

and modify the approved map of the said Housing Society. It

was also prayed that respondent Nos.1 to 4 may be directed to

award suitable compensation to the petitioners in respect of

their respective plots.

8.

The respondents filed their reply to writ petition,

wherein it was submitted that as per approved plan, it is clear

that Plot Nos.61-A and 62 of the Housing Society have been

approved and they are in existence. It was also submitted