Raj HC backs Housing Board, voids 1981 land deal; JDA approval termed “illegal”

Jaipur: The Rajasthan high court has ruled in favour of the Rajasthan Housing Board (RHB) in a long-running dispute over about 42 bighas in Shree Ram Colony along the B2 Bypass, declaring the JDA May 29, 1995 approval for the housing scheme and subsequent actions "illegal".Justice Ganesh Ram Meena also declared the July 31, 1981 agreement to sale void, holding that such agreements do not transfer ownership rights.Allowing RHB's petition, the court dismissed three connected petitions filed by private individuals and held that any order obtained through fraud remains invalid even if it has attained finality. Reaffirming the principle that "fraud vitiates all proceedings," the court said such orders are null and unenforceable.The court found that the Feb 12, 2002 order directing issuance of pattas (lease deeds) was obtained by misrepresentation and therefore stood vitiated. It relied on an audit report of 1986 and an inquiry committee report dated July 25, 2019, which said no such housing scheme existed before land acquisition. The court also noted that original landholders were not made parties in earlier proceedings.The dispute dates to 1981, when a cooperative society claimed it bought the land through an agreement to sale and developed Shree Ram Colony-B. The state government acquired the land in 1990 and handed it over to the Housing Board.In 2002, the High Court had directed pattas to be issued. The matter later went to the Supreme Court, which dismissed it in 2018. In 2019, RHB returned to the High Court alleging the earlier order was secured through fraud.The court said landowners are free to seek compensation through civil court, while the Housing Board may proceed in accordance with law, potentially clearing encroachments in Shree Ram Colony.
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