Delay in appeal costs govt Rs 300cr prime land in city

  • | Saturday | 15th September, 2018

The high court in 2009 allowed the petition on ground that the government cannot change rules of the game mid-way. Sai Darshan Hotels then approached the high court against the government decision. This was challenged in the high court by the government and JDA. The government agreed to pay part with 15 % of the land to Sai Darshan Hotels on condition that the litigants withdrew all the litigation pending in courts.However, the government in violation of the agreement kept the order granting the land right to Sai Darshan Hotels in abeyance in 2001. He argued that the JDA has no locus standi and as the abeyance order was passed by the government.

Jaipur: The cash-strapped Jaipur Development Authority ( JDA ) had lost a case of prime land of about 9,500 metre near the Marriot Hotel on Tonk Road in the Rajasthan High Court due to the failure of the state government to file appeal against the HC order in the Supreme Court on time.According to real estate analysts, the market value of the land is about Rs 300 crore.The state government had acquired about 23 bigha of land belonging to the Hathroi Gadi Cooperative housing society. Though the society challenged the acquisition, the court upheld the acquisition by the government following which the society members sold the right to compensation to businessman Rajender Verdia of Sai Darshan Hotels.Sai Darshan Hotels thus acquired the right for 15% developed land as part of the compensation from the government to the land owners. The government agreed to pay part with 15 % of the land to Sai Darshan Hotels on condition that the litigants withdrew all the litigation pending in courts.However, the government in violation of the agreement kept the order granting the land right to Sai Darshan Hotels in abeyance in 2001. Sai Darshan Hotels then approached the high court against the government decision. The high court in 2009 allowed the petition on ground that the government cannot change rules of the game mid-way. This was challenged in the high court by the government and JDA. But the court dismissed petition by the government and JDA was still pending in the high court.The state government though filed a special leave petition(SLP) in the Supreme Court against the high court order it was after long delay of 1400 days. The apex court dismissed the SLP as the government could not give any reasonable ground for the undue delay.Senior lawyer and additional solicitor general R D Rastogi appearing for the Sai Darshan Hotels against the JDA in the high court argued that, “since the apex court had already decided the matter though on technical ground, “it should be considered a judgment on merit” as was reported in the case of Dhariyawat Singh. He argued that the JDA has no locus standi and as the abeyance order was passed by the government. The court dismissed appeal petition by the JDA.

If You Like This Story, Support NYOOOZ

NYOOOZ SUPPORTER

NYOOOZ FRIEND

Your support to NYOOOZ will help us to continue create and publish news for and from smaller cities, which also need equal voice as much as citizens living in bigger cities have through mainstream media organizations.


Stay updated with all the Latest Jaipur headlines here. For more exclusive & live news updates from all around India, stay connected with NYOOOZ.

Related Articles