NITA JAIN vs JAIPUR DEVELOPMENT AUTHORITY

Learned counsel for the parties present. Arguments heard.

Smt. Nita Jain, the complainant, was allotted plot of land bearing Plot No. 196 on 19.11.1997 i.e. almost two decades have elapsed, in Prithviraj Nagar Scheme, Phase -1. She had made the entire payment. However, the possession of the plot was not given to her. First of all, she was asked to take another plot of land in Kalpana Nagar Scheme, Jagatpura in place of plot in above said scheme. The complainant did not agree to that. Thereafter, it was stated that there was litigation pending before the Supreme Court and that plot could not be allotted.

Both the fora below have given the concurrent findings and directed the OP-Jaipur Development Authority to pay the amount of Rs.4,23,218.75 which were already deposited by the complainant, Smt. Nita Jain, with interest @15% per annum on the amount already deposited by her, from the date of deposit and to pay a compensation of Rs.50,000/- on account of mental and physical harassment suffered by the complainant and costs of proceedings in the sum of Rs.1,000/-. Still aggrieved by these orders, the complainant has filed this revision petition.

It is pointed out that the arguments urged on behalf of Jaipur Development Authority are incorrect and counsel for the petitioner has produced an order passed by the Jaipur Development Authority dated 23.09.2014 wherein plots have been allotted to 2 persons out of 52 persons. It is contended that these plots have been allotted as per the directions given by the Hon?ble High Court. On instructions, learned counsel for the respondent, Jaipur Development Authority, submits that about 22 plots of land are still lying vacant in Prithviraj Nagar Scheme, Phase-1.

Learned counsel for the respondent vehemently argued that another case was pending before the Bench presided over by Hon?ble Mr. Justice V. K. Jain. In this case titled as Jaipur Development Authority and another vs. Smt. Shail Bala Gupta, revision petition No. 2650 of 2014decided on 24.11.2014, an agreement was reached between the parties and the following order was passed: ?After extensive arguments, it had been agreed between the parties that the possession of the plot No. G-3 at Kalpana Nagar admeasuring 375 sq. mtr. Shall be handed over to the complainant at the old price of Rs.900/- per sq. mtr. Within eight weeks from today. It has also been agreed that the petitioner shall pay simple interest at the rate of 10% per annum to the complainant, on the amount which she had deposited with the petitioner authority, with effect from 3.10.2006 till the date of possession of the plot at Kalpana Nagar is handed over to him. The compliance report shall be filed by the concerned Commissioner of the petitioner-authority with this Commission within eight weeks from today.?

We have tried to make the counsel for the parties to understand the facts and the order passed by the above said Bench. It is well said that the facts are stubborn things. In the case in hand, the petitioner does not agree and insists that she should be given the plot in Prithviraj Nagar residential colony. The facts of the above cited case have no parallels with this case. It must be borne in mind that unlike this case there was compromise between the parties. It is difficult to fathom why the Jaipur Development Authority does not want to give her a plot of land in the above said colony. Her request appears to be genuine, just and reasonable. The pick and choose policy adopted by the Jaipur Development Authority smacks of mala fide intention. No explanation is forthcoming why the remaining 22 plots are left out. Are those being left for Very Important Personalities (VIPs). The criteria of reservation of those plots was kept under the hat.

It is also pointed out that plots at Prithviraj Nagar are well developed. All the facilities have been provided but the plots in Kalpana Nagar are situated at a far off place i.e. in a jungle and no facilities have been provided for that. Consequently, the hesitation on the part of the Jaipur Development Authority to allot this plot to the petitioner is quite understandable.

Consequently, we hereby direct the Jaipur Development Authority to put the complainant/petitioner in possession of the plot allotted to her within 60 days from the date of receipt of this order otherwise they will have to pay the penalty of Rs.1000/- per day till the needful is done. We also impose Rs. 1 lakh, as costs, upon Jaipur Development Authority, which be paid to Smt. Nita Jain, the complainant through demand draft within 60 days from the date of receipt of a copy of this order otherwise it will carry interest @12% p.a. till its realization.

The revision petition stands disposed of.