Raj HC | Court restrains development authority from further passing any orders until and unless dispute regarding title of a property has been resolved

Rajasthan High Court: Ashok Kumar Gaur, J. passed a restraining order on the Jaipur Development Authority from passing any order until dispute regarding the stated property has been resolved.

The present case relates to purchasing a said plot of land and due payment of the purchase money of the said land. The Jaipur Development Authority Tribunal had passed an order on 15-07-2015 in a petitioner filed by the Shyam Vihar Vikas Samiti and Shree Mahaveer Grah Nirman Sahakari Samiti Limited against the Jaipur Development Authority (“JDA”), wherein it had stated that there was a serious dispute regarding the title of the property and such, no order was required under Section 44 of the Jaipur Development Authority Act, 1982 (“the JDA Act”). The Tribunal had also ordered that the parties were free to seek a declaration from the Civil Court or the High Court.

The learned counsel representing the petitioners, Shyam Joshi submitted that the Shyam Vihar Vikas Samiti had filed a writ petition and it was withdrawn by the Society and after withdrawal of the writ petition by the Society in collusion with Khatedars, the Khatedars of the land have again moved the application under Section 44 of the JDA Act and the proceedings are drawn by the JDA to give 25 percent of the acquired land back to the Khatedars. The counsel also submitted that the petitioners are the purchaser of the plots and they have paid the due amount to the society and further, at the time of acquisition of the land, objections were also filed under Section 5 of the Land Acquisition Act.

The Court upon perusal of records and the factual circumstances directed to issue a notice of the writ petition as well stay application. The Court also restrained the respondents, JDA from passing any order on the application filed under Section 44 of the JDA Act. [Ravi Jain v. State Of Rajasthan, 2019 SCC OnLine Raj 3671, decided on 21-10-2019]

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