KAMAL KUMAR SHARMA S/O DUNGER MAL SHARMA v. JAIPUR DEVELOPMENT AUTHORITY
CW/4821/2026 · 2026-03-13
Ganesh Ram Meena
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4708 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4708 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:10764] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4821/2026 Kamal Kumar Sharma S/o Dunger Mal Sharma, Aged About 60 Years, Residents Plot No. 5, Dev Colony, Lal Kothi, Jaipur, Rajasthan. Presently Residing At Plot No. 6/378, Vidhyadhar Nagar, Jaipur ----Petitioner Versus
1. Jaipur Development Authority, Through Its Commissioner, JDA, Jaipur, Rajasthan.
2. The Secretary, Jaipur Development Authority, Jaipur.
3. Commissioner, Jaipur Municipal Corporation, Jaipur. ----Respondents For Petitioner(s) : Mr. Vikram Sharma with Ms. Sakshi Tripathi & Mr. Shashwat Tripathi For Respondent(s) : Mr. Amit Kuri with Mr. Ayush Sharma & Mr. Dharmaram HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 13/03/2026
1. The present writ petition has been filed with a limited prayer that the petitioner may be allowed to renovate/repair the already existing residential house situated at Plot No.5, Dev Colony, Lal Kothi, Jaipur, Rajasthan in accordance with law.
2.
Learned counsel for the petitioner submits that the petitioner is in possession over the Plot No.5, Dev Colony, Lal Kothi, Jaipur since 1981 and has already raised construction of a house. By the passage of time, renovation/repair work is required and therefore, when the petitioner prepared for renovation/repair of the said
[2026:RJ-JP:10764] (2 of 3) [CW-4821/2026] house, the authorities of the Jaipur Development Authority have objected such renovation. Mr. Amit Kuri, learned counsel appearing for the respondents who puts appearance on instruction of this Court submits that the plot-in-question is over the land which has already been acquired and the matter has attained finality upto the Hon'ble Apex Court where, it has been held that the land vests with the Jaipur Development Authority. He also submits that the notices have already been issued to the petitioner under Sections 32 and 33 of the Jaipur Development Authority, 1982 (for short "the Act of 1982").
Learned counsel for the petitioner submits that the petitioner has preferred an appeal before the Appellate Tribunal, Jaipur Development Authority, Jaipur (for the "the learned Tribunal") so as to challenge the notice issued to him under Sections 32 and 33 of the Act of 1982 and submits that the learned Tribunal had
directed the Jaipur Development Authority to decide the representation of the petitioner. He further submits that though the petitioner in compliance of the order of learned Tribunal has already submitted a representation to the Jaipur Development Authority but the same has not been decided so far. Taking into consideration the totality of the facts of the case and so also the limited prayer made in this writ petition, the Court feels that until and unless the issue of vacation of the plot attained finality and the representation is decided, the petitioner is required to be permitted to renovate/repair the existing residential house constructed so that there may not be danger to the life of people residing in it.
[2026:RJ-JP:10764] (3 of 3) [CW-4821/2026] Accordingly, this writ petition is disposed of. The Jaipur Development Authority shall not create any hindrance to the petitioner in making renovation/repair of the existing constructed house over the Plot No.5, Dev Colony, Lal Kothi, Jaipur. It is made clear that this permission to renovate/repair shall not create any equity in favour of the petitioner and shall remain subject to final out of the challenge to the notice under Sections 32 and 33 of the Act of 1982 issued to the petitioner.
(GANESH RAM MEENA),J Ashish Kumar /157