Advocates:
['MAHENDRA GOYAL', 'KAPIL BARDHAR', '', 'UMESH DUBEY']

S.B. CIVIL WRIT PETITION NO.2071/2014

(Jaipur Development Authority Vs. Sheetal Tambi)

(1)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

JAIPUR

O R D E R

IN

S.B. CIVIL WRIT PETITION NO.2071/2014

(Jaipur Development Authority Vs. Sheetal Tambi)

Date of Order :

23.11.2015

HON'BLE MR. JUSTICE ALOK SHARMA

Mr. Mahendra Goyal, for the petitioner-JDA.

Mr. Giriraj Bardhar with

Mr. Umesh Duby, for the respondent.

BY THE COURT

This petition has been filed against the judgment

dated 05.04.2013, passed by the JDA Appellate Tribunal, Jaipur

which allowed the respondent-appellant's (hereinafter “the

appellant”) appeal under Section 83(8)(a) of the Jaipur

Development Authority Act, 1982 (hereinafter “the Act of

1982”), quashed the JDA's letter/order dated 19.11.2010 and

directed it to take into consideration the Tribunal's decision

between the year 2000 and 18.02.2009 and in terms of the

Appellate Tribunal's judgment dated 06.09.2005 and

18.02.2009, issue a lease-deed in favour of the appellant within

a period of three months, failing which the appellant was at

liberty to take proceedings under the Contempt of Court Act

against the officers of the JDA for non-compliance with the

Appellate Tribunal's orders as also if so advised claim damages

against the JDA.

The facts of the case are that the appellant filed an

appeal bearing No.5/2011 against the JDA alleging that she

S.B. CIVIL WRIT PETITION NO.2071/2014

(Jaipur Development Authority Vs. Sheetal Tambi)

(2)

had purchased plot No.225 from its erstwhile owner and

original allottee, Shri Vishwa Ratan Bhargava under agreement

dated 20.11.1996. The said plot was situated in Maharana

Pratap Nagar, Jhotwara, Jaipur in Scheme No.22, floated by

Sindhu Nagar Grah Nirman Sahakari Simiti Ltd., Jaipur

(hereinafter “the Society”). It was stated that the appellant had

earlier filed a reference bearing No.74/2000 whereupon the

JDA Tribunal vide its order dated 19.07.2001 restrained the

JDA from laying any road through plot No.225 and further that

the appellant not be dispossessed therefrom. The JDA not

complying with the order dated 19.07.2001, the appellant

moved a contempt petition bearing No.33/2004 before the

Appellate Tribunal stating that despite its order dated

19.07.2001, 'Patta' for plot No.225, Maharana Pratap Nagar,

Jaipur was not being issued to her. The contempt petition was

dismissed vide order dated 29.11.2004 for the reason that

there being no specific direction to issue a lease-deed to the

appellant, no contravention of the Appellate Tribunal's order

was made out. In the circumstances, the appellant filed yet

another reference bearing No.420/04 submitting that in terms

of the Appellate Tribunal's earlier order dated 19.07.2001, the

Zonal Level Committee in its meeting dated 06.12.2003 had

deleted the proposed road over plot No.225, Maharana Pratap

Nagar, Jaipur. Yet in spite of the Appellate Tribunal's earlier

order dated 19.07.2001 protecting the appellant's possession

S.B. CIVIL WRIT PETITION NO.2071/2014

(Jaipur Development Authority Vs. Sheetal Tambi)

(3)

over the plot No.225, she was arbitrarily not being issued a

lease-deed in respect thereof even while the plot in issue was

not a part of facility area but part of plotted area in Maharana

Pratap Nagar, Jaipur as approved by the JDA on a lay out plan

submitted by the society”. Vide order dated 06.09.2005, the

Appellate Tribunal again allowed the second reference bearing

No.420/2004 and directed the JDA to issue a lease-deed in

favour of the appellant as per law. It was stated that however

even following the order dated 06.09.2005, passed by the

Appellate Tribunal in the appellant's reference No.420/2004,

she was informed vide JDA's letter dated 27.05.2006 that since

the allotment of plot No.225 aforesaid was made by the

Society, the lease-deed in respect thereof could only be i