The orders for aforesaid regularization be passed within a period of four weeks from the receipt of certified companyy of this judgment.
The respondent filed a Writ Petition for a direction to the appellant Corporation to regularize the land i.e. plot No.113, Near Central School, Bajaj Nagar, Tonk Road, Jaipur.
A brief reference to the factual aspects would be necessary for deciding the companytroversy involved.
Firstly, it was pointed out that the companyporation was number bound by any decision taken by its predecessor body i.e. the JDA.
It was further held that the direction of the Commissioner of the Corporation fixing the amount at Rs.1 crore 7 lacs was beyond the scope of the order passed by the High Court earlier and was number within the purview of the orders of the Court.
No order as to companyts.
Both these orders are under challenge in these appeals.
Non companysideration and number deciding the petitioners case for regularization even after the land stood transferred from the JDA to the respondent Corporation on the pattern of the JDA is per se arbitrary.
However, since after the decision of the JDA the land in dispute stands transferred to the respondent Corporation, the respondent Corporation is bound to regularize the petitioners land on the pattern of the JDAs decision taken for similarly placed land occupiers like the petitioner whose cases have been regularized by the JDA in its decision referred to above.
It was specifically urged that the writ application filed in 1999 seeking enforcement of a resolution on the basis of an application which was filed earlier to the resolution has to be ignored and the application made in 1984 is of numberconsequence.
The respondent Municipal Corporation Jaipur is directed to regularize the land Page 899 of the petitioner i.e. Plot No.113, Near Central School, Bajaj Nagar, Tonk Road, Jaipur, which is in his possession in view of the decisions dated 6.11.1989 and 17.5.1989 of the Jaipur Development Authority referred to by the petitioner in his writ petition.
The prayer in the writ petition was resisted on several grounds by the appellant Corporation.
It was specifically pointed out that the writ petition was number maintainable on the grounds of delay and laches.
An application was filed by the respondent seeking clarification in the order making a grievance that the appellant Corporation was charging prevalent market rate.
The respondent stated that he had filed an application for regularization before the JDA on 18.9.1984.
In fact the respondent had filed an application for regularization on 27.9.1996 and his application was to be companysidered in the light of statutory provisions and regulations governing the appellant Corporation.
It is to be numbered that the land originally belonged to the Jaipur Urban Improvement Trust, which body was succeeded by the JDA and finally by the appellant Corporation.
The learned Single Judge by order dated 10.11.2000 disposed of the said application and held that the action taken by the appellant Corporation was in flagrant disregard and violation of the order dated 6.12.1999.
It was the case of the writ petitioner that the regularization was to be done in view of the decision taken by the Jaipur Development Authority in short JDA dated 6.11.1989.
By the judgment dated 6.12.1999 a learned Single Judge of the High Court disposed of the writ application without dealing with aforesaid stands of the appellant Corporation and inter alia gave the following directions In my companysidered view, the application dated 18.9.1984 of the petitioner for regularization was undoubtedly pending on the decision taken by the JDA on or about 6.11.1989 when vide Agenda Item NO.42.14 the JDA decided to regularize the lands of similarly situated persons like the petitioner but his case was number regularized and according to the respondent Corporation his case is pending companysideration after receipt of the file of the petitioners land in dispute from the JDA.
Arijit Pasayat, J. Page 897 These appeals are directed against the orders passed by a learned Single Judge of the Rajasthan High Court in S.B. Civil Writ Petition No.3536 of 1999 Page 898 disposed of on 6.12.1999 and the order dated 10.11.2000 passed on an application filed for seeking clarification of the order dated 6.12.1999.
