IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No. 13775/2010 S.B. Civil Misc. Stay Application No. 6540/2010 (Govind Ram Versus State of Rajasthan & Others) Date of Order :: 13th July, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. G.P. Kaushik, Counsel for the petitioner BY THE COURT:
By way of the instant writ petition, the petitioner has implored to quash and set-aside the order dated 7th May, 2010 passed by the JDA.
Having heard the learned counsel for the petitioner and carefully perused the contents recorded in the writ petition, one Notification is found to have been issued vide order dated 7th May, 2010 by JDA under Section 39(2) of Land Acquisition Act, which envisages as follows:
39. Preparation of Projects and Schemes-(1) The Authority may, by resolution, declare its intention to prepare a project or scheme as provided in section 38 in any development area.
(2) Not later than thirty days from the date of such declaration of intention to make such project or scheme, the Authority shall publish the declaration in the Official Gazette and in such other manner as may be determined by regulations.
The provisions of Section 39(1) and (2) simply postulates the preparation of a project or scheme, but Notification issued by the JDA simply suggests the boundaries of the proposed plan. No action with regard to acquisition of any land is found to have been taken by the JDA vide any order. No cause of action has arisen to the petitioner in the instant case and the writ petition is found to be totally frivolous and baseless, which deserves to be dismissed at the threshold and the same stands dismissed accordingly.
Consequent upon the dismissal of writ petition, the stay application, filed therewith, does not survive and that also stands dismissed.
(MAHESH BHAGWATI),J.
DK/