Advocates:
['R K MATHUR', '', 'SURESH SAHNI', 'R M SHARMA', 'ASHWIN GARG', 'AJAY TANTIYA', 'SANJAY MEHRISHI', '', 'VINAI SAXENA', 'SARVESH JAIN', 'SANJAI PAREEK', 'R K AGARWAL', 'PUNIT SINGHVI', 'N K MALOO', 'MAHENDRA GOYAL', 'MADHAV MITRA', 'BHARAT VYAS', 'ANISHA JAIN']

{1} DB CIVIL WRIT PET. NO.1270/2001

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

O R D E R

D.B. CIVIL WRIT PETITION NO.1270/2001

MAHENDRA SINGH & ORS. Vs. JAIPUR DEVELOPMENT AUTHORITY & ORS.

DATE:

::

22

^nd MAY, 2015

HON'BLE THE CHIEF JUSTICE MR. SUNIL AMBWANI

HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA

Mr. Suresh Sahni with

Mr. R.M. Sharma,

Mr. Ashvin Garg,

Mr. Madhav Mitra, for the petitioners.

Mr. N.K. Maloo, Senior Counsel assisted by

Mr. Nitin Jain &

Mr. Sarvesh Jain, for the respondent No.4.

Mr. Mahendra Goyal, for the respondent-JDA

Mr. Sanjay Mehrishi, for the respondent No.3.

*****

REPORTABLE

BY THE COURT:(PER HON'BLE THE CHIEF JUSTICE)

1.

By this writ petition, filed in public interest, the petitioners,

Shri Mahendra Singh & Others, residents of Mahavir Nagar-I, Jaipur, have

prayed for the following reliefs:-

“a) the respondents may be restrained for not

allotting the facility area measuring 1880 Sq. Yards

(130'x130') having roads on Northern, Southern and

Western side to Hadoti Samaj and Mahavir Sadhna

Sansthan.

b) in case the allotment letter has already been

issued then the same may kindly be cancelled with a

direction that facility area may not be allotted to any

body, society or samiti and same shall be left for

utilisation of the local residents.

{2} DB CIVIL WRIT PET. NO.1270/2001

c) the respondent No.1 may be directed to develop

the facility area in planed and proper manner.

d) any other appropriate order or direction which

this Hon'ble Court may deem fit and proper may also

kindly be passed in favour of the petitioners.”

2.

The New Pink City Grih Nirman Sahakari Samiti Limited,

developed housing schemes including the Mahavir Nagar Colony, near Tonk

Road, Jaipur. In the Booklet published by the Jaipur Development Authority,

Jaipur (JDA), of the list of the members in the schemes of the New Pink

City Grih Nirman Sahakari Samiti Limited, upto 31.05.1994, the land of plot

Nos.803 to 808 in Mahavir Nagar Colony was described as a park. It is alleged

that in the original plan of the Society, this land was reserved for childrens

park, measuring 1913.88 sq. yds., out of which in 187.77 sq. yds., swings

(Jhoolas) were installed, and that the land measuring 1000 sq. yds. was

proposed to be given to Hadoti Samaj(respondent No.3), and in the same

plot, 726 sq. yds. of land was proposed to be given to Mahavir Sadhna

Sansthan/Mahavir Sadhna Kendra(respondent No.4), vide letters of

allotment dated 13.08.2001 and 06.08.2001.

3.

It is alleged that the allotment of land by the JDA to Hadoti

Samaj and Mahavir Sadhna Sansthan, was illegal, untenable and without

jurisdiction, inasmuch as the entire land of plot Nos.803 to 808, measuring

1913.88 sq. yds., was left for children park, and that the installation of the

swings was a proof of such reservation. The word “amenities” has been

defined in sub-section (2) of Section 2 of the Jaipur Development Authority

Act, 1982 (for short, 'the JDA Act'), which includes open spaces, parks etc.

Chapter-V of the JDA Act deals with the Master Development Plan and Zonal

{3} DB CIVIL WRIT PET. NO.1270/2001

Development Plan, in which Section 22 deals with Zonal Development Plan.

Sub-clauses (x) to (xv) of sub-section (2) of Section 21 of the JDA Act,

provide that the lands of gardens and parks reserved for open area/space,

shall be specifically shown in the Master Development Plan, prepared by the

JDA. The development has to be made in accordance with the existing

Master Plan, or in accordance with the Zonal Development Plan, and no

activity, either contrary to t