NDLI: Jaipur Development Authority and Others Vs. Vijay Kumar Data and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1953 Rajasthan Land Acquisition Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Rajasthan Land Acquisition Act, 1953 (24 of 1953)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Rajasthan Land Acquisition Act, 1953:ss. 4 and 6 - Acquisition of land - For planned development of Jaipur city - Scheme popularly known as 'Lal Kothi Scheme' - Transfers of portions of the acquired land effected after publication of notification u/s 4 and declaration u/s 6 - Land Acquisition Officer awarding compensation to landowners and beneficiaries of illegal transfers and also ordering allotment of plots of 1000-2000 sq. yd. to landowners, their transferees and nominees/sub-nominees out of the acquired land - In the instant case, transferee of the Khatear obtaining 1500 sq. yd. land through execution proceedings, pursuant to the allotment order of LAO and further transferring the same to respondents and others - Respondents filing applications u/s 83 of Jaipur Development Authority Act questioning auction of plot nos. C-113 and C-114 by the Development Authority - Applications rejected by Appellate Tribunal - The writ petitions filed by respondents dismissed by single Judge of High Court - However, Division Bench of the High Court directing regularization of plots in their favour - HELD: Division Bench of the High Court committed seriouserror by entertaining an altogether new case set up on behalf of the respondents (writ petitioners), who had not even prayed for amendment of the pleadings, and granting relief to them by declaring that they are entitled to get benefit of the policy of regularization contained in the letter dated 6.12.2001 - The Division Bench could not rely upon the so-called policy decision stated to have been taken by the Government flagrant violation of the judgements of the Supreme Court wherein it was categorically held that the transactions involving transfer of land after the issue of notification u/s 4 were nullity and the Land Acquisition Officer did not have the jurisdiction to direct allotment of land to the awardee/ sub awardees, their nominees/sub-nominees - The basics of judicial discipline required that the Division Bench of the High Court should have followed the law laid down by Supreme Court in Radhey Shyam's case and Daulat Mal Jain's case and refused relief to the respondents - Further, the Division Bench of the High Court ignored the unchallenged findings recorded by the Tribunal and the trial court that the khatedar's transferee, from whom the respondents (writ petitioners) had purchased the plots, did not have valid title over the land and he had no right to secure allotment of 1500 sq. yd. land in the 'Lal Kothi Scheme' - The order of High .Court set aside with cost of Rs. 5 lac to be paid by the respondents for pursuing unwarranted litigation for the last 15 years - Cost to be deposited with Rajasthan State Legal Services Authority - Jaipur Development Authority Act, 1982 - s. 83 - Rajasthan Improvement Trust (Disposal of Urban Land) Rules, 1974 -Judicial discipline - Precedent - Constitution of India, 1950 - Article 226 - Writ petition - New Plea - Costs -· Administration of Justice - Party pursuing unwarranted litigation - Imposition of cost.Constitution of India, 1950:Articles 77 and 166 - Policy decision - Connotation of - Acquisition of land - Land Acquisition Officer awarding compensation to land owners and beneficiaries of illegal transfers and ordering allotment of 1000-2000 sq. yd. plots to landowners their transferees and nominees/sub-nominees, out of the acquired land - Courts holding that Land Acquisition Officer did not have jurisdiction to direct such allotment - Recommendations made by Committee set up by Minister of Urban Development and Housing, suggesting the methodology for allotment of land in terms of directions given by Land Acquisition Officer -Letter dated 6.12.2001 issued purporting to contain the policy - HELD: Unless an order is expressed in the name of the President or the Governor, as the case may be, and is authenticated in the manner prescribed by the rules, the same cannot be treated as an order made on behalf of the Government - In the instant case, a reading of letter dated 6.12.2001 shows that it was neither expressed in the name of the Governor nor was it authenticated in the manner prescribed by the Rules - That letter merely speaks of the discussion made by the Committee and the decision taken by it - By no stretch of imagination the same can be treated as a policy decision of the Government within the meaning of Article 166 - Since the so called policy decision contained in letter dated 6.12.2001 is contrary to the law declared by Supreme Court, the State Government and the appellant are restrained from taking any action in future on the basis of the said letter - Administrative Law - Policy decision.
Judge	Hon'ble Mr. Justice G.S. Singhvi
Neutral Citation	2011 INSC 485
Petitioner	Jaipur Development Authority And Others
Respondent	Vijay Kumar Data And Another
SCR	[2011] 7 S.C.R. 242
Judgement Date	2011-07-12
Case Number	7374

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Jaipur Development Authority and Others Vs. Vijay Kumar Data and Another

Please Log-in to view this content

Lalaram & Others Vs. Jaipur Development Authority &anr.

The Secretary, Jaipur Development Authority, Jaipur Vs. Daulat Mal Jain

Jaipur Development Authority Vs. Mahavir Housing Co-op., Society, Jaipur Etc.

Jaipur Development Authority Vs. Radhey Shyam and Ors.

Jaipur Development Authority, Jaipur Vs. Children`s Academy, Jaipur and Anr.

Kolkata Metropolitan Development Authority Vs. Pradip Kumar Ghosh & Others

The Rajasthan State Industrial Development and Investment Corporation Vs. Subhash Sindhi Cooperative Housing Society Jaipur & Ors,

Agra Development Authority, Agra Vs. Anek Singh and Others

Jaipur Development Authority Vs. Sita Ram and Ors.

Jaipur Development Authority and Others Vs. Vijay Kumar Data and Another

Jaipur Development Authority and Others Vs. Vijay Kumar Data and Another

Please Log-in to view this content

Similar Documents

Lalaram & Others Vs. Jaipur Development Authority &anr.

The Secretary, Jaipur Development Authority, Jaipur Vs. Daulat Mal Jain

Jaipur Development Authority Vs. Mahavir Housing Co-op., Society, Jaipur Etc.

Jaipur Development Authority Vs. Radhey Shyam and Ors.

Jaipur Development Authority, Jaipur Vs. Children`s Academy, Jaipur and Anr.

Kolkata Metropolitan Development Authority Vs. Pradip Kumar Ghosh & Others

The Rajasthan State Industrial Development and Investment Corporation Vs. Subhash Sindhi Cooperative Housing Society Jaipur & Ors,

Agra Development Authority, Agra Vs. Anek Singh and Others

Jaipur Development Authority Vs. Sita Ram and Ors.

Jaipur Development Authority and Others Vs. Vijay Kumar Data and Another