1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.3012/2009. : : Jumma Khan Vs. Jaipur Development Authority & Anr. : : Date of Order 15.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Keshav Agrawal for the petitioner. Heard learned counsel for the petitioner. Learned counsel for the petitioner has argued that petitioner was allotted Plot No.78 in Gems Colony Scheme measuring 250 sq. yard by Topkhana Desh Grah Nirman Sahkari Samilti Ltd., Jaipur vide allotment letter dated 2.2.1975 and his name was published in membership list at serial No.77 of page 53 of the booklet. Petitioner submitted an application to the respondents to nominate his name as landholder, which was noted at Zone-B3, Samiti-162, Scheme-04 and applicant code-00404. The respondent-JDA proposed to construct 200 feet sector road from Vidhyadhar Nagar to Sikar Road, which was passing through Gems Colony in the site plan of the Gems colony, which was 2 published by the respondents, in which Plot No.78 of the petitioner was shown on 30 feet road. The respondents forcibly took the land in their possession which effected persons met the authorities of respondent-JDA they were told that if their lands have been taken for construction of road they would be allotted alternative plots in Sector No.3 & 7 of Vidhyadhar Nagar. Plots were allotted to other effected persons such as Ramdas Bhaskar and number of other persons, but such allotment has not been made to the petitioner. It is, therefore, prayed that the respondents may be directed to consider the case of the petitioner and allot him alternative land because his land was taken forcibly and without awarding compensation. Having regard to the facts of the case, I find that petitioner should approach the JDA Appellate Tribunal by way of appeal. If any such appeal filed by the petitioner, the Tribunal shall consider and decide the case of the petitioner on merits after due notice to the respondent. This writ petition is accordingly disposed of. (MOHAMMAD RAFIQ)J. A.Arora/-Item No.67.