Smt Kiran Kanwar and Ors. Vs State Urban Developmentors

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[2025:RJ-JP:47465]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 21250/2013

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Smt. Kiran Kanwar, wife of Shri Jai Bharat Singh aged about 66 years R/o F-287, Shyam Nagar, Ajmer Road, Jaipur.

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Ashok Kumar Gupta son of Shri B.D. Gupta aged about 58 years R/o A-172, Malviya Nagar, Jaipur.

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Avadh Bihari Singhal son of late Shri Amar Singh Singhal aged about 63 years R/o 602/10 Gopinath Marg, behind G.P.O., Jaipur.

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Sudhir Sharma son of Shri L.C. Sharma aged abou 48 years R/o B-40, Dev Nagar, Tonk Road, Jaipur.

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Rajesh Kumar Sharma son of late Shri Bhagwan Sahai Sharma aged about 38 years R/o 17, Green Nagar, Durgapura, Jaipur.

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----Petitioners

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Versus

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State of Rajasthan through Secretary, Dept. of Urabn Development & Housing, Secretariat, Jaipur.

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Jaipur Development Authority through its Secretary, J.L.N. Marg, Jaipur.

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New Pink City Grah Nirman Sahakari Samiti Ltd. through its Secretary, 7, Farsoiya Market, Bapu Bazar, Jaipur.

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----Non-petitioners

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For Petitioner(s) : Mr. Arisal Singh Nathawat For Respondent(s) : Mr. Amit Kuri for JDA Mr. Nitin Jain with Ms. Kriti Kalawalia for respondent No.3

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HON'BLE MR. JUSTICE ANAND SHARMA Order

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24/11/2025

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Petitioners have filed the present writ petition with

following prayers:-

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(2 of 4)

"It is, therefore, respectfully prayed that this Hon'ble court may very graciously be pleased to allow this writ petition and by an appropriate writ, order or direction, in the nature of writ of mandamus the non petitioners may be directed to approve the plots/shops of the petitioners in Mahaveer Nagar Scheme.

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Any other appropriate order, which this Hon'ble court deems just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners, including order of costs."

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It is stated that New Pink City Grah Nirman Sahakari Samiti Limited chalked out one Residential Scheme namely; Mahaveer Nagar, Jaipur between the year 1977-1981, plan of aforesaid scheme was submitted earlier before erstwhile UIT and then before Jaipur Development Authority. The aforesaid scheme consisted about 880 residential plots, five public parks and 30 shops, out of which petitioner was allotted plot/shop No. S-04, S- 25, S-24, S-03, S-05. It is further submitted that a decision was taken in building plan committee (Level-II) of Jaipur Development Authority on 12.04.1984, wherein the ratio of approving plots and facility area was decided as 60:40. It is further submitted that till date the aforesaid plots of the petitioners have not been regularized despite the fact that earlier even Statutory Settlement Committee rendered a decision in favour of the petitioners; as well as the fact that on Reference filed by the petitioner before Jaipur Development Authority Appellate Tribunal Jaipur, vide order dated 01.08.2011, the JDA has been restrained from dispossessing the petitioners or from causing any hinderance in use and consumption of the aforesaid plots without adopting any due procedure of law.

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(3 of 4)

Learned counsel for the petitioners submits that earlier the dispute with regard to the aforesaid plot was also raised before the Arbitrator and Assistant Registrar Co-operative Department in which also directions have been given to respondent-JDA for allotting the vacant plots to the petitioners.

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Learned counsel for the petitioners submits that the petitioners have been contesting for last around 40 years, yet till this date no final decision whatsoever has been taken by the Jaipur Development Authority in respect of approval of plots/shops earlier allotted to the petitioners in Mahaveer Nagar Scheme.

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Learned counsel for the respondent- JDA submits that the scheme chalked out by the society was not in accordance with the prevailing rules and the facility area, which is required to be left as per the statutory rules, was also allotted to different allottees, therefore, the disputed plots have not yet been approved.

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However, learned counsel for the respondent- JDA has utterly failed to point out the decision taken by the Jaipur Development Authority in compliance of and after the orders passed by Jaipur Development Authority Appellate Tribunal and Registrar Co-operative Societies Settlement Committee.

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In the light of above, this Court deems it just and proper to dispose of this writ petition directing the petitioners to submit their detailed representation before the Secretary, Jaipur Development Authority enclosing all the supporting documents and orders, who shall consider the same and pass speaking order within a period of two months from the date of receipt of representation. In case the representation is decided in favour of

(4 of 4)

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the petitioners, then necessary approval orders/lease deeds shall be issued accordingly.

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