Dismissed

Sandeep Jain Son of Shri Bhag Chand Jain v. Jaipur Development Authority

Rajasthan HC4 Dec 2023CW/3080/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed against JDA orders regarding unauthorized construction, holding that the petitioner was required to exhaust the statutory appeal remedy under Section 83 of the JDA Act, 1982, before approaching the Court.

What did the court decide?

Petition dismissed with liberty to file statutory appeal under Section 83 of the JDA Act, 1982 within thirty days.

Sandeep Jain Son of Shri Bhag Chand Jain Vs Jaipur… — Land Acquisition | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3080/2020

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Sandeep Jain Son Of Shri Bhag Chand Jain, Aged About 36 Years, By Caste Jain, R/o A-53, Krishna Path, Shanti Nagar, Gurjar Ki Thadi, Jaipur (Rajasthan).

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----Petitioner

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Versus

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Jaipur Development Authority, Through Secretary, Indira Circle, Jawahar Lal Nehru Marg, Jaipur.

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The Enforcement Officer, Zone No.8, Jaipur Development Authority, Indira Circle, Jawahar Lal Nehru Marg, Jaipur.

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----Respondents

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For Petitioner(s) : None present. For Respondent(s) : Mr. Amit Kuri

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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04/12/2023

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Instant petition has been filed by the petitioner with the

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following prayer:

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“(i) quash and set aside the impugned judgment dated 06.01.2020 of the JDA Tribunal and direct the Tribunal to decide the Appeal on merits,

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(ii) quash and set aside the impugned notice dated 14.10.2019, operation order dated 14.2.2020 and legal notice dated 14.02.2020 and respondents may be directed not to harass the petitioner by giving threatening for removing the construction, (iii) direct the respondents to take into consideration the reply submitted by the petitioner on 16.10.2019.

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(iv) direct not to take any coercive action of demolishing the construction of the petitioner. (v) any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances

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(2 of 3) [CW-3080/2020]

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of the case, may also kindly be passed in favour of the Petitioner. (vi) Cost the litigation may kindly be passed in favour of the petitioner.”

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By way of filing this petition, the petitioner has challenged the order dated 06.01.2020 passed by the Appellate Tribunal, Jaipur Development Authority and the subsequent order dated 14.02.2020 passed by the Jaipur Development Authority, Jaipur (for short ‘JDA’) in compliance of the order dated 06.01.2020.

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Contents of the petition indicates that a notice under Section 32 and 33 of the Jaipur Development Authority, 1982 (for short ‘the Act of 1982’) was issued by the JDA to the petitioner against the alleged unauthorized construction raised by the petitioner.

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Aggrieved by the said notice dated 14.10.2019, the petitioner submitted statutory appeal before the Appellate Tribunal and the said appeal was disposed of on 06.01.2020 granting 15 days time to the petitioner to submit his reply to the notice dated 14.10.2019 before the JDA and the JDA was further directed to decide the matter afresh after considering the reply / objection raised by the petitioner.

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It appears that vide order dated 14.02.2020, the reply / objections filed by the petitioner have been decided by the JDA and again a notice has been issued to the petitioner to remove his alleged unauthorized construction.

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Admittedly, the subsequent order / notice dated 14.02.2020 is appealable before the Appellate Tribunal under Section 83 of the Act of 1982.

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[CW-3080/2020]

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(3 of 3)

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It is settled proposition of law that whenever alternative statutory remedy of filing appeal is available to person, he cannot be allowed to bypass the jurisdiction of the Appellate Authority. Here in the instant case, bypassing the jurisdiction of the Appellate Authority, instant petition has been filed.

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In view of above, this petition stands dismissed on this Court alone granting liberty to the petitioner to file statutory appeal under Section 83 of the Act of 1982 before the Appellate Tribunal, JDA.

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Stay application and all pending applications, if any, also stand dismissed.

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In case, any appeal is submitted before the Appellate Tribunal, JDA, the Appellate Tribunal is expected to hear and decide the same after affording opportunity of hearing to all the respective parties, in accordance with law, expeditiously as early as possible, ignoring the period of limitation preferably within a period of thirty days from the date of receipt of certified copy of this order.

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(ANOOP KUMAR DHAND),J

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KuD/102

Sandeep Jain Son of Shri Bhag Chand Jain v. Jaipur Development Authority

Case brief

What is this about?

What did the court decide?

Sandeep Jain Son of Shri Bhag Chand Jain v. Jaipur Development Authority

Case brief

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