The bench of Justice Mohammed Rafiq took serious note ofthe arbitrary exercise of power by Jaipur DevelopmentAuthority (JDA) under section 90-B of the Act while hearingtwo different writ petitions.
In one writ filed by Rajasthan Housing Board (RHB), itwas disclosed that the Board took possession of a large chunkof land of an agriculturalist named Nanagram in 1978.
Nanagram, after obtaining the award of the land, appliedfor 90-B proceedings which was challenged by RHB.
In another writ petition filed by one Jagdish, it wasalleged that he was a co-owner of the 1,395 hectare land inTilawaalan village of Sanganer which was allegedly sold to ahousing society after forging signatures and 90-B proceedingswere allowed by JDA authorising the society to carve out aresidential colony.
The matter gained popularity when an FIR was lodgedagainst the society by the other co-owner of the land who hadallegedly sold the same to the society.
Justice Rafiq, while placing a ban on the 90-Bproceedings in the disputes, directed Advocated General G SBapna to receive notices and explain the discretionary actionof the JDA authorities in regularising certain land which wasotherwise not eligible for the same.
The court also showed its displeasure on the conduct ofJDA in issuing clarificatory circulars in the garb of section90-B, thereby facilitating regularisation of certain land.
The court allowed six weeks'' time to the state governmentto file its response to the court''s queries.
The court also issued notice to Secretary UDH,Commissioner JDA, Patwari Sanganer Tehsil and the Board ofRevenue.