HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 6632/2018

1.

Bhonri Lal

2.

Dhanna Ram

3.

Chheetar

4.

Ramchandra, Sons Of Shri Laduram Gurjar, All R/o

Gajsinghpura, Shri Shyam Sarovar, Gopalpura Byepass,

Jaipur.

----Petitioners

Versus

1.

Jaipur Development Authority, Jaipur Through Secretary,

Jawahar Lal Nehru Marg, Jaipur.

2.

Amar Singh S/o Late Shri Maniram, By Caste- Jat, R/o

Tehsil Pilibanga, District - Hanumangarh.

----Respondents

For Petitioner(s)

:

Mr. G.P. Sharma

Mr. M.C. Gupta

For Respondent(s)

:

Mr. Anil Sharma

Mr. Amit Kuri

Mr. Sunil Kumar Singh, through VC

Mr. S.P. Dhanera

Ms. Rekha Dixit

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

15/12/2022

Instant writ petition has been filed by the petitioners

challenging the order dated 16.03.2018 passed by the Jaipur

Development Authority Appellate Tribunal (hereinafter to be

referred as “Tribunal”) whereby the appeal filed on behalf of the

petitioners against the notices dated 02.12.2016 and 22.11.2016

issued by the Jaipur Development Authority (hereinafter to be

referred as “JDA”) was dismissed.

(2 of 6)

[CW-6632/2018]

Brief facts of the case are that the father of the petitioners

Shri. Lalu Ram Gurjar was recorded Khatedar of the land bearing

Khasra No.149 situated at Village Gajsinghpura, Tehsil and District

Jaipur. On 26.05.2005 officers of the JDA directed the petitioners

for removal of encroachment from the public road. Being

aggrieved by this, the petitioners filed a reference application

which was decided by the Tribunal directing the JDA not to remove

the petitioners from the land in dispute without following the due

process of law. Thereafter, the JDA issued notices dated

22.11.2016 to 02.12.2016 to the petitioners for removal of

encroachment from 160ft. wide Road known as Gopalpura bye-

pass Road.

Being aggrieved of the notices dated 22.11.2016 &

02.12.2016, the petitioners again filed an Appeal Number

No.866/2016 before the Tribunal stating therein that father of the

petitioners was recorded Khatedar of the land bearing Khasra

No.125 to 131 & 149 situated at Village Gajsinghpura, Tehsil and

District Jaipur. It was further stated by the petitioners in the

appeal that they have surrendered part of their land free of cost to

the JDA for construction of 160ft. Wide Road commonly known as

Gopalpura bye-pass Road and they have sold the remaining land

to a cooperative society i.e. Kirti Nagar Housing Cooperative

Society, which has carved out the residential plots over the land.

The petitioners stated that they have retained eight plots, which

falls under the Shyam Sarovar Housing Scheme. It was further

stated by them in the appeal that across the road side, there is

another colony situated namely Rathi Nagar Scheme and with the

collusion of the officers of the JDA, these notices have been issued

(3 of 6)

[CW-6632/2018]

to the petitioners for removal of encroachment and prayed for

quashing of the notices before the Tribunal.

The JDA filed reply to the appeal before the Tribunal stating

therein that the petitioners have encroached over the public Road

and they have stopped the officers of the JDA from carrying out

the construction on the part of road which they have already

surrendered in favour of the JDA. It was further stated that the

petitioners themselves have stated in the appeal that they have

sold the remaining land in dispute after surrendering the land in

favour of the JDA for construction of the road. They have sold the

remaining land to one housing society and the said housing

society thereafter, carved out various plots in the scheme namely

Shyam Sarovar Housing Scheme and prayed for dismissal of the

appeal.

Thereafter, the Tribunal after considering the record

submitted by the JDA as well as after hearing the arguments of all

the parties dismissed the appeal