The jaipur development authority act 1982

S.1 Short title, extent and commencement

(1) This Act may be called the Jaipur Development Authority Act, 1982.

(2) It shall extend to Jaipur Region Area.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(1) "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, gardening, forestry, livestock breeding, or the use of land as a nursery, grazing land, or any other use of land which is ancillary to its cultivation or other agricultural purposes and the word "Agricultural" shall be construed accordingly;

(2) "amenities" includes roads, bridges, any other means of communication, transport, streets, open spaces, parks, recreational grounds, play grounds, water, gas and electric supply, and source of energy, street lighting, sewerage, drainage, conservancy, public works and such other utilities, services and conveniences as the State Government in consultation with the Authority may, by notification in the Official Gazette, specify to be an amenity for the purpose of this Act;

(3) "Authority" means the Jaipur Development Authority constituted under sectio

S.3 Establishment of the Jaipur Development Authority

(1) As soon as may be, after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish for the purposes of this Act an Authority to be called "the Jaipur Development Authority" (hereinafter referred to as "the Authority").

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid.

(3) The Authority shall be deemed to be a local authority within the meaning of the term "local authority" as defined in the Rajasthan General Clauses Act, 1955 (Rajasthan Act No. 8 of 1955).

S.4 Composition of the Jaipur Development Authority

(1) The Authority shall consist of the following members, namely:-

(i) A Chairman, who shall be the Minister-in-charge of Urban Development of the State of Rajasthan, or a nominee of the Governor during President's Rule;

(ii) a Vice-Chairman, who shall be the State Minister of Urban Development of the State of Rajasthan, or a nominee of the Governor during President's Rule;

(iii) Secretary to the Government, Urban Development and Housing Department;

(iv) Jaipur Development Commissioner (appointed under this Act);

(v) Chairman, rajasthan Housing Board;

(vi) Chief Engineer, Public Health Engineering Department;

(vii) Chief Engineer, Public Works Department;

(viii) District Collector, Jaipur;

(ix) Chief Engineer, Rajasthan State Electricity Board;

(x) Chairman/Administrator, Municipa

S.5 Meetings of the Authority

(1) The Authority shall meet atleast once in six months at such place and at such time as the Chairman may decide; and shall, subject to the provisions of section 6 observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum thereat) as may be laid down by regulations.

(2) The Chairman or in his absence, the Vice-Chairman shall preside at every meeting of the Authority. If for any reason both the Chairman and the Vice-Chairman are unable to attend any meeting, any other member of the Authority, elected by the members thereof, present at the meeting, shall preside.

S.6 Cessation of membership

(1) A member of the Authority, who has or acquires, directly or indirectly any share oi pecuniary or other interest in any contract, loan, arrangement or proposal entered into, or proposed to be entered into by or on behalf of the Authority, shall cease to be a member of the Authority:

Provided that, a member shall not be deemed to have any such share or interest, by reason only of his being a share holder of a public limited company/concern in any such contract, loan, arrangement or proposal or that he himself or any relation of his, is employed by or on behalf of the Authority or he has such share or interest in his capacity as a member of the Authority, or his property, or any property in which he has a share or interest, is or is being acquired or taken on lease by or on behalf of the Authority by agreement or according to any law for the time being in force.

(2) If any question arises whether a member of the Authority has become subject to t

S.7 Constitution and powers of Executive Committee

(1) There shall be an Executive Committee of the Authority consisting of the following members namely:-

(i) a Chairman, who shall be the Jaipur Development Commissioner;

(ii) Secretary, Urban Development and Housing or his representative not below the rank of Deputy Secretary;

(iii) Secretary, Jaipur Development Authority (who shall be the Member-Secretary of the Committee);

(iv) Chief Engineer, Public Works Department, Rajasthan;

(v) Chief Engineer, Public Health Engineering Department, Rajasthan;

(vi) Representative of the Rajasthan State Electricity Board not below the rank of a Chief Engineer;

(vii) Managing Director, Rajasthan State Industrial and Investment Corporation Limited;

(viii) General Manager, Rajasthan State Road Transport Corporation;

(ix) Managing Director, Rajasthan Tourism Developme

S.8 Appointment of Jaipur Development Commissioner Directors, Secretary, etc.

(1) The State Government shall appoint any of its officer as Jaipur Development Commissioner on such salary and allowances and on such terms and conditions of service as may be determined by the State Government. He shall be the Chief Executive of the Authority and shall supervise and control all its officers and servants, including any officer of Government appointed, from time to time, on deputation to the Authority, or to the Executive Committee, or any other Committee or any Functional Board or any body thereof. He shall be responsible for collection of all sums due to the Authority and payment of all sums payable by it. He shall ensure adequate security of all assets including cash balances of the Authority. Besides the said powers and duties and the powers and duties delegated by the Authority or the Executive Committee or any other Committee or any Functional Board or any body thereof, he shall also exercise the following powers, perform the following functions and discharge the

S.9 Determination of strength of the Staff, etc.

The Authority or in case the powers are delegated by it, the Executive Committee may, from time to time, sanction creation of posts of all other officers and servants, except the officers referred to in section 8, subordinate to the Authority including Executive Committee, any other Committee, any Functional Board or any other body as it thinks necessary. The conditions of appointment and service and the powers, functions and duties of such officers and servants shall be such as may be determined by regulations.

S.10 Constitution of Committees

(1) The Authority may constitute committees consisting wholly of members of such Authority or partly of members of such Authority and partly of other persons in such manner and for such purposes and functions as may be specified by the Authority by regulations.

(2) The Committees constituted under this section shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.

(3) The members of the committees maybe paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the committees as may be prescribed.

S.11 Authentication of orders etc.

All proceedings of the Authority, the Executive Committee, other Committees and the Functional Boards shall be authenticated by the Signatures of the Chairman of the Authority, the Executive Committee, other Committee, or the Functional Board, as the case maybe, or of any member thereof authorised by the Chairman in this behalf and all other orders and instruments of the Authority shall be authenticated by the Jaipur Development Commissioner or by any other officer of the Authority authorised by him in this behalf.

S.12 Provision for inviting Government and Local Authority Officers to assist for advice

The Authority, the Executive Committee, the Jaipur Development Commissioner or a Functional Board may invite any officer of the State Government or local authority or other authority or any person to attend its meeting or meetings as a special or permanent invitee for the purpose of assisting or advising it on any matter or matters. The officers or the persons so invited may take part in the proceedings, but shall have no right to vote.

S.13 Establishment of Jaipur Traffic Control Boards

(1) As soon as may be after the Authority is established under sub-section (1) of section 3, the State Government shall, by order, constitute a Functional Board to be called as the "Jaipur Traffic Control Board" under the Authority.

(2) The Jaipur Traffic Control Board shall consist of the following members, namely:-

(i) a Chairman who shall be the Jaipur Development Commissioner;

(ii) Secretary, Jaipur Development Authority;

(iii) Transport Commissioner, Rajasthan;

(iv) General Manager, Rajasthan State Road Transport Corporation;

(v) Chief Engineer, Public Works Department, Rajasthan;

(vi) Chief Engineer, Public Health Engineering Department, Rajasthan;

(vii) Representative of the Rajasthan State Electricity Board, not below the rank of a Chief Engineer;

(viii) Director, Engineering of the Authority;

S.14 Constitution and powers of other Functional Boards

(1) On the advice of the Authority, the State Government may, from time to time, by order published in the official Gazette, constitute, (i) a Transport and Communications Board, (ii) a Water Resources Management Board, (iii) a Housing, Urban Renewal and Ecology Board and other Functional Boards for achieving the objects of the Authority with such names as it deems fit to specify, each having membership as provided in sub-section (2).

(2) Each Functional Board constituted by the State Government under sub-section (1) shall consist of a Chairman and such other members (not exceeding five) as may be appointed by the State Government. At least two of the members shall be persons who have special knowledge and experience of the subject to be dealt with by the Functional Board.

(3) The State Government may, if it thinks fit in public interest so to do terminate the appointment of Chairman or any member of any Functional Board constituted under sub-sec

S.15 Meetings of the Functional Board

S.16 Functions of the Authority

(1) All Functional Boards constituted under this Chapter shall meet at such place and at such time as may be determined by its Chairman; and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be determined by regulations.

(2) The members of the Functional Boards may be paid such allowances for meeting the personal expenditure in attending meetings and for attending to any other work of the Board, as may be prescribed.

S.17 No other Authority or person to undertake certain development without permission of the Authority

(1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Jaipur Region of the type as the Authority may from time to time specify, by notification published in the Official Gazette, and which is likely to adversely affect the overall development of the Jaipur Region.

(2) Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development: Provided that such person may apply for such permission through the concerned local authority and such local authority shall forward his application to the Authority with its recommendations, if any.

(3) The Authority shall, after making such enquiry as it deems necessary and within sixty days from the receipt of an application under sub-section (2), grant such permiss

S.18 Powers of the Authority to give directions

(1) Notwithstanding anything contained in any other law for the time being in force, the Authority may give such directions to any local authority or other authority or person, with regard to the implementation of any project or scheme financed under section 16, as it thinks fit and any such local authority or other authority or person shall be bound to comply with such directions.

(2) Where any direction is given to any local authority, other authority or person under sub-section (1), such authority or person may, within fifteen days from the date of receipt of such direction, appeal to the State Government against such direction, and the decision of the State Government thereon shall be final.

(3) The Authority shall so exercise the powers of supervision referred to in clause (g) of sub-section (1) of section 16 as may be necessary to ensure that each project or scheme is executed in the interest of the overall development of the Jaipur Region

S.19 Power of the Authority to require local authority to assume responsibilities in certain cases

(1) Where any amenities are provided by the Authority, the authority may assume responsibility for the maintenance of the amenities which have been provided by it, or may require the local authority or any other authority, within whose jurisdiction the area so developed is situated, to assume such responsibility.

(2) The Authority, may also require the local authority or any other authority to make provision for such other amenities as may be specified by it and which have not been provided by the Authority, on such terms and conditions as may be agreed upon and where such terms and conditions cannot be agreed upon, on such terms and conditions as may be specified by the State Government, in consultation with the local authority or any other authority, as the case may be, and the Authority.

S.20 Power of the Authority to execute any plan

(1) Where the Authority is satisfied that any direction given by it under sub- section (1) of section 18 with regard to any project or scheme has not been carried out by the local authority or other authority or person referred to therein, within the time specified in the direction, or that any such authority or person is unable to fully implement any project or scheme undertaken by it for the development of any part of the Jaipur Region, the Authority may, with the sanction of the State Government itself undertake any works and incur any expenditure for the execution of such projects or implementation of such schemes, as the case may be.

(2) The Authority may also undertake any work in t he Jaipur Region in accordance with the Master Development Plan or the Zonal Development Plan or any other project or scheme as the case may be, as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. Such direct

S.21 Civil Survey and preparation of Master Development Plan

(1) The Authority with a view to securing planned integrated development and use of land, shall carry out a civic survey of and prepare a Master Development Plan for Jaipur Region.

(2) The Master Development Plan shall precisely define the quality of life that a citizen of Jaipur Region could desirably be expected to lead in (i) medium range perspective of the year 1991 A.D., (ii) long term perspective of the year 2001 A.D. and thereafter, and (iii) such other intermediate stages, as the State Government may direct, balanced and time targeted development to subserve the needs of the growing city of Jaipur and other areas of Jaipur Region, the net work of public utilities, civic amenities, community facilities, housing, communications and transport, the projects or schemes for conservation and development of natural resources and such other matters as are likely to have a bearing on the integrated development of the Jaipur Region and in particular may provide for-

S.22 Zonal Development Plan

(1) Simultaneously with the preparation of the Master Development Plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a Zonal Development Plan for each of the zone into which the Jaipur Region may be divided.

(2) A Zonal Development Plan may-

(a) contain the provision for the developmental activities to be carried out as mentioned in sub-section (2) of section 21;

(b) contain a site-plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals, public and private open spaces and other categories of public and private uses;

(d) show every area in the zone which may, in the opin

S.23 Procedure to be followed in the preparation and sanction of Plans

(1) Before preparing any Plan finally the Authority shall prepare a Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be determined by regulations inviting objections and suggestions from any person with respect to the draft Plan before such date as may be specified in the notice.

(2) The Authority, shall also give reasonable opportunity to every local authority within whose local limits any land touched by the Plan is situated, to make any representation with respect to the Plan.

(3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally sanction the Plan.

(4) Provisions may be made by regulations with respect to the form and content of a Plan and with respect to the procedure to be followed and any other matter, in connection with the preparation and sanction

S.24 Date of operation of Plan

Immediately after a Plan has been sanctioned by the Authority, it shall publish in such manner as may be determined by regulations a notice stating that a Plan has been approved and naming a place where a copy of the Plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice, the Plan shall come into operation.

S.25 Subsequent modification of Plans

(1) At any time after a Plan has come into operation according to provisions of section 24, the Authority may make any modification to the Plan as it thinks fit, the modifications, which, in its opinion, do not affect material alterations in the character of the Plan and which do not relate to the extent of land uses or the standards of population density.

(2) The Authority with the approval of the State Government may make any other modifications into the Plan in order to promote planned development of any part of the Jaipur Region in more efficient manner.

(3) Before making any modification to the Plan, Authority shall publish a notice, in such form and manner as may be determined by regulation inviting objections before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority.

(4) Every modification made under the provisions of this section shall be

S.26 Implementation of Plan

As soon as may be, on the coming into operation of any Plan, the Authority shall take such action for implementation of the Plan as may be deemed necessary subject to the provisions of this Act.

S.27 Plans prepared prior to this Act deemed to have been prepared under this Act

Any Master Plan or a Zonal Plan prepared under the provisions of any other law in force prior to the commencement of this Act, shall be deemed to have been prepared under the provision of this Act, to which the provisions of the foregoing sections relating to the sanction, modification and operation of a Master Plan/Master Development Plan shall mutatis mutandis apply:

Provided that any Master Plan or Zonal Plan sanctioned for the urban area of Jaipur under any other provisions of law shall cease to operate as soon as a Plan is sanctioned under the provisions of this Act.

S.28 Review of Plan

Notwithstanding anything contained in this Act, if the State Government or the Authority at any time within ten years from the date on which a Plan comes into operation under this Act is of the opinion that the revision of such Plan is necessary, the State Government may direct the Authority to revise or the Authority, may of its own motion undertake revision of such Plan, after carrying out, if necessary, fresh civic survey and preparing an existing land use map of the Jaipur Region, and there upon the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of such Plan as those provisions apply in relation to the preparation, publication and sanction of a Plan.

S.29 Declaration of Development Areas

(1) As soon as may be after a Plan comes into operation as provided in section 24, the Authority may, by notification in the Official Gazette, declare any area in Jaipur Region to be a development area for the purposes of this Act.

(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.

(3) On or after the date on which notification under sub-section (1) is published in the Official Gazette, no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Authority except the breaking open of any public street for which the previous permission of the Jaipur Traffic Control Board shall be obtained:

Provided that, no such permission shall be necessary-

(i) for carrying out works for the maintenance, improvement or other alteration of any b

S.30 Power of revocation and modification of permission to development

(1) If it appears to the Authority that it is expedient, having regard to the Plan prepared or under preparation that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary:

Provided that-

(a) where the development relates to the carrying out of any building or other operation, on such order shall affect such of the operations as have been previous carried out; or shall be passed after these operations have substantially progressed or have been completed;

(b) where the development relates to a change of use of land, on such order shall be passed at any time after the change has taken place.

(2) Where permission is revoked or modified by an order ma

S.31 Penalty for un-authorised development or for use otherwise than in conformity with the Plan

(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land-

(a) without permission required under this Act; or

(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted; or

(d) in contravention of any permission which has been duly modified; shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.

(2) Any person who continues to use or allows the use of any land or building in con

S.32 Power to require removal of un-authorised development

(1) Where any development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this sections, within three years of such development, serve on the owner a notice requiring him, within such period, being not exceeding one month, as may be specified therein after the service of the not ice, to take such steps as may be specified in the notice-

(a) in case specified in clause (a) or (c) of sub-section (1) of section 31 to restore the land to its condition existing before the said development took place;

(b) in cases specified in clause (b) or (d) of sub-section (1) of section 31 to secure compliance with the conditions or with the permission as modified:

Provided that, where the notice requires the discontinuance of any use of land the Authority shall serve a notice on the occupier also.

(2) In particular, such notice may, for purposes of

S.33 Power to stop un-authorised development

(1) Where any development of land as indicated in sub-section (1) of section 31 is being carried out but has not been completed, the Authority may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from the time of the service of the notice; and thereupon, the provisions of sub-sections (3), (4), (5) and (6) off section 32 shall, so far as may be applicable, apply in relation to such notice, as they apply in relation to notice under section 32.

(2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction, be punished with fine which may extend to five thousand rupees; and when the non-compliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the date of the service of the notice during which the non-compliance has

S.34 Removal or discontinuance of un-authorised temporary development summarily

(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature un-authorisedly as indicated in sub-section (1) of section 31. the Authority may, by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order; and if thereafter, the person does not comply with the order within the said period, the Authority or any officer authorised by it in this behalf may get such work summarily removed or get such use summarily discontinued without any notice as directed in the order; and any development unauthorisedly made again shall similarly be summarily removed or discontinued without making any order as aforesaid:

Provided that standing crops shall not be summarily removed and reasonable period not exceeding six months shall be allowed to the person concerned by the A

S.35 Power to require removal of authorised development or use

(1) If it appears to the Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Plan prepared,-

(a) that any use of land should be discontinued, or

(b) that any conditions should be imposed on the continuance thereof, or

(i) require the discontinuance of that use; or

(ii) impose such conditions as may be specified in the notice on the continuance thereof; or

(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.

(2) Any person aggrieved by such noti

S.36 Sanction for sub-division of plot or layout of private street

(1) Every person who intends to sub-divide his land or his plot or make or lay-out a private street on such land or plot on or after the date of the publication of the draft plan in the Official Gazette under section 23 shall submit the intended layout plan for such purpose together with such particulars as may be determined by regulations to the Authority for sanction.

(2) The Authority may, within the period specified in the regulations, sanction such plan either without modifications or subject to such modifications or conditions as it considers expedient or may refuse to give sanction, if the Authority is of opinion that such division or laying out of street is not in any way consistent with the proposals of the plan.

(3) No compensation shall be payable for the refusal of a sanction or for the imposition of modifications or conditions in the sanction.

(4) If any person does any work in contravention of sub-section (1), or

S.37 Recovery of expenses incurred

Any expenses incurred by the Authority under sections 32, 33, 34, 35 and 36 shall be a sum due to the Authority under this Act from the person in default or the owner of the land or plot and shall be recovered as arrears of land revenue.

S.38 Making and Contents of Projects and Schemes

(1) Subject to the provisions of this Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary.

(2) A project or scheme may make provisions for all or any of the following matters, namely:-

(i) any of the matters specified in sections 21 and 22;

(ii) acquisition, development, reservation and sale or leasing of land for purpose of public utilities such as roads, streets, open spaces, parks, gardens, recreation and play grounds, hospitals, dispensaries, educational institutions, green-belts, dairies housing development, development of markets, shopping centres, commercial complexes, cultural centres, administrative centres, transport facilities and public purposes of all kinds;

(iii) acquisition, laying-out or

S.39 Preparation of Projects and Schemes

(1) The Authority may, by resolution, declare its intention to prepare a project or scheme as provided in section 38 in any development area.

(2) Not later than thirty days from the date of such declaration of intention to make such project or scheme, the Authority shall publish the declaration in the Official Gazette and in such other manner as may be determined by regulations.

(3) Not later than two years from the date of publication of the declaration under sub-section (2) the Authority shall prepare a project or scheme in draft form and publish it in such form and manner as may be determined by regulations together with a notice inviting objections and suggestions from any person with respect to the said draft project or scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice.

(4) The Authority shall consider all the objections and sugges

S.40 Restrictions on use and development of land after declaration of a Scheme

(1) On or after the date on which a draft scheme is published under section 39, no person shall, within the area included in the project or scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the necessary permission for doing so from the Authority in accordance with the regulations made in this behalf:

Provided that it shall be lawful for any person to undertake such development within the village abadi limits in accordance with the permission granted by the local panchayat so far as such permission is consistent with such draft scheme or schemes.

(2) The provisions of Chapter VI shall be applicable mutatis mutandis for the project or scheme approved under sub-section (4) of section 39.

S.41 Lapse of Scheme

If the Authority fails to implement the project or scheme approved under sub-section (4) of section 39 within a period of five years from the date of publication thereof under sub-section (5) of section 39, it shall, on the expiration of the said period of five years, lapse.

S.42 Modification or withdrawal of Project or Scheme

(1) The Authority after making such inquiry as it may deem fit, may, if it is of the opinion that it is necessary or expedient so to do, by notification published in the Official Gazette, declare that the project or scheme approved under sub-section (4) of section 39, is withdrawn and upon such declaration, no further proceedings, shall be taken in regard to such project or scheme.

(2) If the Authority, after approval of any project or scheme under sub-section (4) of section 39, at any time, considers it necessary to make certain modifications therein, which in its opinion do not effect material alteration in the character of the project and scheme, may make suitable modifications.

S.43 Saving to any Project or Scheme

Notwithstanding anything contained in any provisions of this Act or in any plan sanctioned under it, the Authority shall be at liberty to make and carry out any project or scheme not covered by the said plan if in the opinion of the Authority, it is necessary to do so or expedient in public interest, and the said plan shall be deemed to be modified to that extent.

S.44 Power to purchase or lease by agreement

The Authority may enter into an agreement with any person, for the purchase, leasing or exchange by the Authority from such person, of any land which the Authority is authorised to acquire or any interest in such land.

S.45 Power to State Government to acquire land

(1) Where, on any representation from the Authority, it appears to the State Government that, in order to enable the Authority to perform any of its functions or to discharge any of its duties or to exercise any of its powers, or to carry out any of its projects or schemes or development programmes, it is necessary that any land in any part of the Jaipur Region should be acquired, the State Government may acquire the land under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894)

S.46 Possession to be made available to the Authority

Where any land is taken possession of, the State Government shall make that land available to the Authority for the purpose of performing its functions, discharging its duties and exercising its powers.

47 to 53. x x x

S.55 Funds of the Authority

(1) There shall be a fund for the Authority to be called "The Jaipur Region Development Fund" (herein after referred to as Fund), to which shall be credited all moneys received by the Authority, including-

(a) such amount of contribution to be made by the State Government yearly or in such installments in each year as it may determine in accordance with the schemes included in the State Plan and under appropriation duly made in this behalf, which contribution shall be utilised by the Authority for the development of Jaipur Region;

(b) contribution to be made by the State Government in the first instance of a sum equivalent to rupees one crore toward a revolving fund to be established by the Authority;

(c) such other moneys as may be paid to the Authority by the State Government, Central Government or any other authority or agency by way of grants, loans, advances or otherwise;

(d) 50 share of the proceed

S.56 Loans Fund

(1) As a part of the Fund, the Authority shall establish in distinct Bank accounts a Loans Fund for the purposes of (a) receiving all moneys borrowed by it including all repayments of loan installments together with payment, of interest made by the borrower on loans, (b) providing all moneys to be made available by the Authority as loans or advances to local authorities and other authorities or persons, (c) repayment of loans raised by the Authority for the purposes of this Act, and (d) expenditure on projects and schemes.

(2) All matters connected with the Loans Fund shall be governed by the regulations made in this behalf.

S.57 Reserve and other Funds

(1) The Authority shall make provisions for a reserve fund and may provide for other specially denominated funds as it deems fit.

(2) The management of the funds referred to in sub-section (1) the sums to be transferred from time to time to the credit thereof and the application of money comprised therein, shall be determined by the Authority.

S.58 Application of Funds, etc.

All property, funds and other assets vesting in the Authority shall be held and applied by it for the purposes and subject to the provisions of this Act.

S.59 Power of the Authority to borrow

The Authority may, with the previous approval of the State Government, borrow any money for carrying out the purposes of this Act or for servicing any loan obtained by it, at such rates and on such conditions as the State Government may determine at the time money is borrowed.

S.60 Power of the Authority to finance project and schemes and impose conditions therefor

The Authority shall be competent to give grants, advances or loans to, or to share expenses with, any local authority or other authority in Jaipur Region, or any Government Department or any person, for any of the purposes of section 16 and notwithstanding anything contained in any law for the time being in force, it shall be lawful for such local authority, other authority, Government Department or any person to accept such grants, advances or loans or share in the expenses, subject to such terms and conditions as the Authority may, from time to time, in consultation with such local authority, other authority, Government Department or any person, as the case may be, specify.

S.61 State guarantee to loans taken or given by Authority

The State Government may guarantee repayment of the principal of, and interest on, any loan raised or given by the Authority or transferred to it, for the purposes of this Act, subject to such conditions as the State Government may think fit to impose.

S.62 Accounts and Audit

(1) The Authority shall keep accounts in such form and in such manner, as it may, by regulations made in this behalf, determine.

(2) The Accounts of the Authority shall be subject to audit by the Examiner, Local Fund Audit in accordance with the provisions of the Rajasthan Local Fund Audit Act, 1954 (Rajasthan Act XXVIII of 1954).

(3) The Authority shall pay from the Fund such charges for the audit as may be prescribed.

S.63 Budget

(1) The Director, Finance of the Authority shall prepare, every, in such form and at such time as may be determined by regulations, an annual budget estimate in respect of the financial year next ensuing, showing the estimated receipts and dispursements of the Authority to the Jaipur Development Commissioner who shall after making such modifications as he deems fit, submit it to the Authority for approval.

(2) The Jaipur Development Commissioner shall forward to the State Government copies of the budget approved by the Authority.

S.64 Annual Report

The Authority shall prepare after the end of each year (ending on the 31st day of March), a report of its activities during the previous year and submit it to the State Government before the 30th day of September. The State Government shall cause to be laid on the table of the House of the State Legislature such annual report including the statement of accounts.

S.65 Power to levy certain charges

The Authority shall levy at such rate and from such date as the State Government may direct by notification in the Official Gazette, and in such manner as may be prescribed by the State Government in this behalf, the following charges, namely :-

(a) a premium on second or subsequent sale of vacant land in Jaipur Region;

(b) an annual levy on vacant land in Jaipur Region; and

Explanation. - The expression "vacant land" used in this Chapter shall mean all land allotted or sold by the State Government, the Authority, or any local authority on lease hold basis or land owned or held otherwise and on which no building has been constructed or if any building has been constructed, the covered area is less than 1/5th of the total area of the land.

S.66 Restrictions on the registration of sale deeds, etc.

Notwithstanding anything contained in any other law for the time being in force, when any document required to be registered under the provisions of clauses (a) to (e) of sub-section (1) of section 17 of the Indian Registration Act, 1908 (Central Act XVI of 1908), purports to transfer by way of sale or lease any vacant land, no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer evidence to show that he has paid the premium levied by the Authority as provided under clause (a) of section 65.

S.67 Urban assessment (ground rent) to be credited to the fund of the Authority

(1) The Authority shall recover the urban assessment or ground rent from the plot-holders on the land or plot sold on lease hold basis by the State Government or the Authority or any local authority at such rates and in such manner as may be prescribed.

(2) The urban assessment or ground rent recovered under sub-section (1) shall be deposited in the Fund of the Authority.

S.68 Authority may charge fee for certain licenses or permission

When any licence is granted by the Authority under this Act or when any permission is given by it for any of the purposes of this Act, the Authority may charge a fee for such licence or permission as may be determined by regulations.

S.69 Penalty for un-authorised obstruction

Whoever,-

(i) obstructs the entry of any person empowered under section 85 to enter into or upon any land or building in any part of the Jaipur Region for the purposes mentioned in that section; or

(ii) molests such person as aforesaid after such entry; or

(iii) resists, obstructs or molests any member or employee of the Authority or any employee of the Government in the exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to, the Authority or the Government or such member, or employee of the Authority or any employee of the Government; or

(iv) obstructs or molests any person with whom the Authority or the Government or an officer of the Government, has entered into a contract or obstructs or molests a servant of the Authority, who may be law fully engaged in doing anything, in connection with the discharge of the duties or perf

S.70 Penalty for removing fence, etc. set up for the purposes of carrying out any work

If any person without lawful authority,-

(a) removes any fence, or any timber used for propping or supporting any building, wall or other things, or extinguishes any light set up at any place where the surface of street or other ground has been opened or broken up by the Authority for the purpose of carrying out any work authorised under this Act, or

(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of any work authorised under this Act, or

(c) infringes any order given or removes any bar, chain or post fixed by the Authority for the purpose of closing any street to traffic, during the course of execution of any work under this Act,

he shall be punishable with fine which may extend to one thousand rupees.

S.71 Penalty for disobedience of requisition and furnishing false information, etc.

Whoever-

(a) wilfully or without any reasonable excuse, disobeys any requisition or other lawful order or direction issued under or in pursuance of any of the provisions of this Act, or

(b) being required under any of the provisions of this Act to make any return or to furnish any information, makes a false return or furnishes false information,

shall be punishable with fine which may extend to three thousand rupees or with imprisonment for a term which may extend to three months or with both.

S.72 Encroachment or obstruction upon public land

Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street shall on conviction be punished with simple imprisonment which shall not be less than one month but which may extend to three years and with fine which may extend to twenty thousand rupees:

Provided that the court may for any adequate or special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month.

(2) Whoever makes any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street shall on conviction be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both.

(3) The Authority or any officer a

S.73 General provision for punishment of offenses

Whoever contravenes any of the provisions of this Act or of any rule or regulations made or does anything against any plan, project or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable-

(a) for the first offence, with fine which may extend to one thousand rupees; and

(b) for a second or any subsequent offence with fine which shall not be less than two hundred fifty rupees and not more than five thousand rupees.

S.74 Offense by companies

(1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was incharge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance or, is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company,

S.75 Cognizance of offenses

(1) No court shall take cognizance of any offence punishable under this Act or any rule or regulation or order made thereunder except upon a complaint in writing of the facts constituting such offence made by the Authority, or by a person expressly authorised in this behalf by the Authority:

Provided that any person, whose right t o enjoyment of his own property is adversely affected by any unauthorised development as indicated in sub-section (1) of section 31, may also file a complaint in the like manner against such person or persons who may have undertaken the said unauthorised development:

Provided further that the Authority shall also be given due notice of such proceedings and if the Authority removes the cause for action within a reasonable period, the proceedings in the Court shall abate, without prejudice to any other action or proceedings that the Authority has initiated or may initiate thereafter.

(2) No court infer

S.76 Fine when realised to be paid to the Authority

All fines realised in connection with prosecution under this Act shall be paid to the Authority.

S.77 Power of the Authority as to legal matters

The Authority may,-

(a) institute, defend or withdraw from any legal proceeding;

(b) compound any offence against this Act; and

Provided that no withdrawal from prosecution for an offence under this Act shall be made except with the permission of the Court.

S.78 Immunity to Authority

No suit, prosecution or other legal proceeding shall be maintainable against the Authority or any person acting under the direction of the Authority or the Chairman, member or any officer or servant of the Authority, Executive Committee, other committees, any Functional Board or any body thereof in respect of any thing lawfully and in good faith and with due care and attention done under this Act.

S.79 Notice of suit against Authority

(1) No suit shall be instituted against the Authority or any member thereof or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employee of the Executive Committee, any Functional Board, Tribunal, any Committee or any body thereof, in respect of any act done or purporting to have been done in pursuance of this Act or any order, rule or regulation made thereunder till the expiration of two months from the date on which notice in writing has been left at the office or place of abode of the persons to be sued and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been left or delivered.

(2) No suit such as is described in sub-section (1) shall, unless it is a suit for recovery of immovable

S.80 Mode of proof of record

A copy of any receipt, application, plan, notice, order, entry in a registrar other document in the possession of the Authority shall, if duly certified by the legal keeper thereof, or the Jaipur Development Commissioner or any person authorised by him in this behalf, be received as prima facie evidence of the entry or document and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matter.

S.81 Restriction on the summoning of servants of Authority to produce documents

No member or officer or servant of the authority shall in any legal proceeding to which the Authority is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for special cause.

S.82 Power of police officer

(1) Any police officer, not below the rank of a Sub-Inspector, authorised by the Authority in this behalf, may arrest any person committing in his view any offense relating to encroachment or unauthorised development on the lands vested in the Authority or on public streets, as provided under section 72 of the Act or of any order or rule or regulations thereunder, if the name and address of such person be unknown to him and he declines to give his name and address, or if the police officer has reason to doubt the accuracy of such name and address if given, and such person may be detained at the station house until his name and address shall be correctly ascertained:

Provided that no person arrested shall be detained without the order of the Judicial Magistrate longer than is necessary for bringing him before a Judicial Magistrate or twenty four hours at the utmost.

(2) It shall also be the duty of all police officers to give immediate information

S.83 Constitution of Tribunal

(1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal for the purposes of this Act.

(2) The Tribunal shall consist of one person who shall be an officer of the State Government and shall be paid such salary and allowances as may be determined by the State Government.

(3) The State Government may, to assist the Tribunal, direct the Authority to appoint such number of servants and of such cadre as may be deemed necessary.

(4) The expenses of the Tribunal shall be borne by the Authority.

(5) The procedure to be followed by the Tribunal in deciding the appeals or disputes referred to it under this Act shall be such as may be prescribed.

(6) The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of hearing and deciding of an appeal or any dispute referred to it.

S.84 Recovery of moneys due to the Authority as arrears of land revenue

Where any sum (not being rent payable in respect of any premises of the Authority) payable to the Authority, whether under any agreement, express or implied or otherwise, howsoever, is not paid on or before the due date-

(a) and the claim is not disputed, the Jaipur Development Commissioner or any officer authorised by him in this behalf shall send to the Collector a certificate under his hand indicating therein the sum which is due to the Authority or is claimed by the Authority, as the case may be, and thereupon, the Collector shall recover the sum due or claimed as an arrear of land revenue;

(b) and the claim is disputed, it shall be referred to the Tribunal which shall after making such inquiry as it thinks fit and after giving to the person by whom the sum is alleged to be payable a reasonable opportunity of being heard, decide the question; and communicate forthwith its decision to the Authority. Any person aggrieved by the decision of the

S.85 Power of entry

(1) The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Jaipur Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into or upon any land or building for the purposes of,-

(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;

(b) examining works under construction and ascertaining the course of sewers and drains;

(d) setting out boundaries and intended lines of works;

(e) making such levels, boundaries and lines by placing mark, and cutting trenches;

(f) ascertaining whether any land is being or has been developed in contravention of any plan or without the permission or in contravention of any condition sub

S.86 Service of notice under this Act

(1) All documents, which expression shall include, notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person, shall, save as otherwise provided in this Act, or rule or regulation made thereunder, be deemed to be duly served,-

(a) where such document is to be served on a department, local authority, railway, company, society or any other body of persons whether incorporated or not, it the document is addressed to the head of the department, General Manager of the Railway, Secretary or principal officer of the local authority, company, society or any such other body at its principal branch, local or registered office, as the case may be, and is either-

(i) sent by registered post to such office; or

(ii) delivered at such office; or

(b) where the person to be served is a partner in a firm, if the document is addressed to the partnership firm at its princ

S.87 Officers and other employees of the Authority to be public servants

Every officer and other employees of the Authority and every member of the Authority. Executive Committee, other committees, Functional Board and other bodies constituted under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. XLV of 1860).

S.88 Lump sum contribution by the Authority in lieu of taxes levied by local authorities

(1) Subject to rules if any, that may be made under this Act, and regard being had to the fact that the Authority itself provides in the areas within the jurisdiction of any local authority all or any of the amenities which the local authority provides, then the Authority shall not be liable to pay the taxes including property taxes, if any, but it shall be lawful for the local authority to arrive at an agreement with the Authority, with the prior sanction of the State Government to receive a lump sum contribution from the Authority in lieu of all or any of the taxes levied or services rendered by the local Authority.

(2) Where no such agreement as is referred to in sub-section (1) can be reached, the matter may be referred to the State Government and the State Government may, after giving to the local authority and the Authority a reasonable opportunity of being heard, decide the amount of such contribution. The decision of the State Government shall be binding on

S.89 Deduction from salary or wages to meet claims of the Authority in certain cases

(1) Any person dealing with the Authority may execute an agreement in favour of such Authority providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such a mount as may be specified in the agreement, and to pay to the Authority the amount so deducted in satisfaction of any debt or demand of the Authority against such person. Such an agreement shall be accompanied with a consent in writing of the employer.

(2) On the execution of such agreement, the employer shall, if so required by the Authority, by requisition in writing and so long as the Authority does not intimate that the whole of such debt or demand has been paid, make the deduction in accordance with the agreement, and pay the amount so deducted to the Authority as if it were a part of the salary or wages payable by the employer as required under the Payment of Wages Act, 1936 (Central Act No. 4 of 1936) on the day on which the employer makes payment

S.90 Control by State Government

(1) The Authority shall exercise its powers and perform its duties under this Act in accordance with the policy framed and the guidelines laid down, from time to time by the State Government for development of the areas in the Jaipur Region.

(2) The Authority shall be bound to comply with such directions which may be issued, from time to time, by the State Government for efficient administration of this Act.

(3) If, in connection with the exercise of the powers and the performance of the duties of the Authority under this Act, any dispute arises between the Authority and the State Government, the matter shall be decided by the State Government and its decision shall be final.

90A. Power to transfer. - The officers and employees of the Authority may, in accordance with the rules made under section 95, be transferred, by the State Government, to any Urban Improvement Trust in the State.

S.91 Power of Authority to call for returns, reports, etc.

The Authority shall have power to call for any return, statement of accounts, reports, statistics or other information from any local authority or other authority in the Jaipur Region, or from any person which is required by it in the exercise of its powers and the performance of its duties under this Act or under any other law for the time being in force, and such authority or person shall be bound to furnish such information.

S.92 Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force.

S.93 Delegation of Powers

(1) The State Government may, by notification in the Official Gazette, delegate to any officer subordinate to it all or any power conferred on it by or under this Act, other than the power to make rules.

(2) The Authority may, by a resolution, delegate any of its powers and functions exercisable by it under this Act or regulations thereunder except the power to prepare any Master Development Plan, Zonal Development Plan or to make regulations to any officer of the Government, any local authority of other authority or body functioning in Jaipur Region or the Executive Committee, or any Functional Board or Jaipur Development Commissioner or any officer subordinate to it, subject to such conditions and restrictions as may be specified in the resolution:

Provided that the delegation of powers and functions under this sub-section to any officer of the Government, local authority or other authority or body shall be made with the consent of the State Go

S.94 Local Authorities to continue to perform duties

(1) Notwithstanding anything contained in this Act, all local authorities in Jaipur Region shall, continue to exercise their powers, perform their functions and discharge their duties which may not be inconsistent with any plan, project or scheme of the Authority.

(2) In the event of failure on the part of any local authority to carry out any plan, scheme, project or any direction given under this Act, the Authority, if it deems fit, for the development of Jaipur Region, with the sanction of the State Government and by an order published in the Official Gazette, may assume of the powers, functions and duties performed by any local authority from such date as may be specified in the order and in that case, such local authority shall, notwithstanding anything contained in any other law for the time being in force, cease to exercise such powers, functions and duties from the said date.

S.95 Power to make rules

(1) The State Government may from time to time make rules for the purpose of carrying out general the provisions of this Act and regulation any particular matter thereunder which requires to be prescribed or in respect of which rules are required to be or may be made.

(2) All rules made by the State Government under this Act shall be published in the Official Gazette.

(3) All rules made under this Act shall be laid, as soon as may be after these are so made, before the House of the State Legislature, while it is in session for a total period of thirty days which maybe composed in one session or in two successive sessions, and if, before the expire of the session in which they are so laid, or of the session immediately following, the House of the State Legislature makes any modifications in any of such rules or resolves that any such rule should not be made, such rules, shall thereafter have effect only in such modified form or be of no effect, as

S.54 Land to vest in the Authority and its disposal

(1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and Nazul Land placed at the disposal of a local authority under section 102-A of that Act in Jaipur Region shall, immediately after establishment of the Authority under section 3 of this Act, be deemed to have been placed at the disposal of and vested in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act and may dispose of the same subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe:

Provided that the Authority may dispose of any such land-

(a) without undertaking or carrying out any development thereon; or

Legal Commentary on Section 54 of The Jaipur Development Authority Act, 1982

Introduction

Section 54 of the Jaipur Development Authority Act, 1982 is a pivotal provision that governs the vesting, control, and disposal of land within the Jaipur Region. This section establishes the Authority's paramount control over land development and its power to dispose of land vested in it, forming the statutory backbone for urban planning and land administration in Jaipur.

What Does Section Say

Section 54 of the Jaipur Development Authority Act, 1982 deals with the vesting of land in the Authority and its disposal. The section provides that:

Land vests in the Authority
The Authority may dispose of any such land either without undertaking development or after undertaking development
No development of any land shall be undertaken or carried out except by or under the control and supervision of the Authority
Every transfer of land under this section shall be either on freehold basis or on leasehold basis

Essential Ingredients

Vesting of Land: All land within the Jaipur Region that is acquired or transferred to the Authority vests in it
Power of Disposal: The Authority has the power to dispose of land vested in it, with two modes available:
Without undertaking or carrying out any development
After undertaking or carrying out such development as it thinks fit
Development Control: No development can be undertaken except under the control and supervision of the Authority
Mode of Transfer: Transfers under Section 54 or Section 54B shall be either on freehold basis or on leasehold basis

Scope of Section

The scope of Section 54 extends to:

Land Control: Land until allotted remains under the control of the Authority, and the Commissioner is empowered to use power to allot it to eligible persons [Hisar Khan VS State of Rajasthan - 2016 0 Supreme(Raj) 1210]
Infrastructure Development: The Authority has power to allot land for infrastructure projects and tourism development in alignment with the Master Plan [R. S. Chauhan Poonam Chand Bhandari VS State of Rajasthan - 2007 0 Supreme(Raj) 734][Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Master Plan Implementation: The provision enables JDA to implement its statutory Master Plan under Section 21 and Section 26 of the Act [Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Exemption Powers: Rule 18 gives the Government of Rajasthan power to exempt State Departments from paying cost of land when land is allotted [Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Development Supervision: Section 54 prohibits development of any land except by or under the control and supervision of the JDA [Lalaram & Others v. JDA]

Punishment for Section

The sources provided do not contain specific information regarding punishment under Section 54 of the Jaipur Development Authority Act, 1982. However, reference is made to Section 72 of the Act which provides for punishment related to other provisions of the Act. Specific punishment details under Section 54 are not available in the provided sources.

Legal Comments

Control over Unallotted Land - Land until not allotted remains under the control of the Authority; the Commissioner is empowered to use his power and allot it to someone eligible [Hisar Khan VS State of Rajasthan - 2016 0 Supreme(Raj) 1210]
Infrastructure Allotment Authority - The JDA and State Government have authority in land allotment for infrastructure projects like the World Trade Park, with allotment being in accordance with decisions of B.I.D.I. and State Government [R. S. Chauhan Poonam Chand Bhandari VS State of Rajasthan - 2007 0 Supreme(Raj) 734]
No KHATEDAR Rights - If land is not allotted, an appellant ought not to fill application to be declared as "KHATEDAR" - appeal dismissed [Hisar Khan VS State of Rajasthan - 2016 0 Supreme(Raj) 1210]
Guidelines Requirement - Courts emphasize the need for definite guidelines and policy for allotment of land for infrastructure projects, and importance of transparency and fairness in distribution of state largesse [R. S. Chauhan Poonam Chand Bhandari VS State of Rajasthan - 2007 0 Supreme(Raj) 734]
Master Plan Alignment - Development of tourism projects must align with the Jaipur Master Plan which is a statutory document under Section 21 of the JDA Act 1982 [Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Statutory Implementation Duty - Section 26 mandates that once the Master Plan is in force, JDA must take action for implementing the plan as may be necessary [Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Land Allotment for Tourism - JDA under Section 54(1) has the power to allot land vested in it for purposes of the JDA Act 1982 subject to rules by the Government of Rajasthan [Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Exemption from Cost - Rule 18 gives Government of Rajasthan power to exempt State Departments from paying cost of land when land from the JDA is allotted [Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Non-Gazetting Not Required - Non-gazetting under Section 54(3) was not a requirement for allotment of land to RTDC for tourism development [Jal Mahal Resorts VS K. P. Sharma - 2014 0 Supreme(SC) 369]
Development Prohibition - Section 54 prohibits development of any land except by or under the control and supervision of the Authority [Lalaram & Others v. JDA]
Transfer Mode - Every transfer of land under Section 54 or Section 54B shall be either on freehold basis or on leasehold basis [JDA Act Index - Source ]
Demolition Power - The JDA, under Section 54(1)(b), can order demolition of unauthorized construction, subject to compoundability under JDA building bye-laws [Section 54(1)(b) - Source ]
Public Land Encroachment - Public land encroachments carry strict penalties; Section 54 addresses invalid mutations and encroachment or obstruction upon public land [JDA Act - Source ]
State Directions Binding - Related cases reinforce JDA's unique position under the JDA Act, with Section 54 highlighting rules and circulars issued by the Authority [State Directions - Source ]
Land Resumption - Land has been resumed in favour of Jaipur Development Authority with reference to Section 54 of the Act [Indian Case Law - Source ]
Development Definition - "Development" under the Act includes re-development and lay-out, and the Authority has power to pull down, demolish or remove any development undertaken contrary to provisions [JDA Act Gazette - Source ]
Extent of Application - The Act extends to Jaipur Region Area and came into force at once upon enactment [JDA Act Gazette - Source ]