CW 3628/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3628/08 Vir Vihar Vikas Samiti & Anr. Versus Jaipur Development Authority & Ors. DATE OF ORDER : 27/03/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. R.K. Mathur, for petitioners Mr. Bharat Vyas, for JDA Mr. Kamlakar Sharma, for respondent Nos.2-8 *** Instant petition has been filed by two societies jointly assailing Ann.5 which are the proceedings of Building Plan Committee of Jaipur Development Authority whereby building plans of respondent Nos.2-8 were approved after affording opportunity of hearing to the petitioners and so also the order passed by Tribunal whereby appeal preferred by them was dismissed vide order Ann.9 dt.25th March, 2008 with cost of Rs.55,000/-. Basic grievance which petitioner raised on behalf of residents of the area is that building plans were not approved by Building Plan Committee [“BPC”] in accordance with Jaipur Development Authority [Jaipur Region Building] Regulation, 2000 and the residential flats which the respondents have constructed after seeking due approval from JDA, in no manner could be considered for residential purposes under CW 3628/08 [2] Regulation, 2000 and counsel has tried to persuade this court that the schedule which has been made applicable by BPC while granting approval to the Building Plans, is erroneous. According to him, schedule 'B' appended to the Regulation, 2000 would have been made applicable, whereas the respondent JDA invoked schedule 'A' while granting approval. Initially, when building plans were approved by the contesting respondent Nos.2-8, appeal was preferred by the petitioner societies formed by residents where the disputed land is situated and the learned Tribunal after hearing parties, allowed their appeal on the premise that reasonable opportunity of hearing was not afforded to them - consequently, remanded the matter back vide its order dt.24th September, 2007 directing BPC to reconsider the plans which at one point of time was approved afresh after affording reasonable opportunity of hearing to the petitioners who are basically aggrieved by the so-called approval granted by the authority. In terms of directions of Tribunal, matter came up before BPC in its meeting held on 13th November, 2007 where the petitioners and so also respondents were duly represented and after hearing respective contentions raised by the CW 3628/08 [3] parties, BPC approved the building plans submitted by the respondents and this was assailed by petitioners by filing appeal before Tribunal, which was dismissed on 25th March, 2008 with cost of Rs.55,000/-. Counsel for petitioner reiterated all the submissions which he made before Tribunal and has tried to convince this court that building plans were not approved by the committee in accordance with Regulation, 2000 and what has been observed by Tribunal in its order is also not in conformity with Regulation, which requires interference by this court. Respondents while supporting order impugned, submits that Tribunal has already examined grievance in detail and does not find favour and once building plans have been duly approved in accordance with Regulation, 2000, unless it is not in conformity with the Regulation, ordinarily is not required to be interfered with. Counsel for respondents on instructions submits that he did not like to press as regards awarding of cost which has been imposed upon the petitioners under order impugned. CW 3628/08 [4] I have heard counsel for parties and perused the material on record and does not find any manifest error committed by Tribunal in passing order impugned dt.25th March, 2008 which may call for interference. Consequently, writ petition stands dismissed. However, cost of Rs.55,000/- stands set aside referred to in the order of Tribunal impugned. [AJAY RASTOGI], J. FRBOHRA3628CW08 27-3.doc