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7. The Udaipur Development Authority passed its decision dated 29.05.2024 cancelling the approval of demarcated map and consequently allotment letters and execution of sale-deeds were kept in abeyance and notices for cancellation of allotment and lease deed were issued. Challenging the same, the present writ petitions have been filed.

[2025:RJ-JD:38174] (8 of 28) [CW-9997/2024]

8. The cancellation of the layout plan, allotments, and execution of the lease deeds were primarily based on the ground of sub-division of the originally approved large group housing plots into smaller group housing plots. Subsequently, approved layout plans for group housing were found to be contrary to the provisions of the Rajasthan Urban Areas (Sub-Division, Reconstitution and Improvements of Plots) Rules, 1975 (hereinafter referred to as "the Rules of 1975") and the Rajasthan Township Policy, 2010. The second ground cited was that as per the prevailing policy, the ratio of saleable area to facility area must be 60:40, whereas the ratio of the saleable area indicated in the demarcated plans are over and above prescribed ratio allowing such a saleable area over and above the ratio are contrary to the Township Policy, 2010. The third ground was the absence of any provision in the approved plan for EWS/LIG plots, which are required to be included in accordance with the Prashaasan Shaharo Ke Sang Abhiyan. The fourth ground was that the sub- division of an existing single plot having an area of more than 3000 Sq. Mtrs. cannot be permitted without the sanction of the State Government. The last ground was that one of the Khatedars, who had a joint interest in the subject land, had complained about the layout plan, and the layouts were approved in respect of lands that were not partitioned among the co-owners, which is contrary to the Regulations.

37. To examine such contentions, it is apt to refer to Rule 12 of the Rules of 1975, which reads hereunder:-

"12. Sub-division or re-constitution of Plots.-
(1) No plot which is residential or intended to be used for residential purpose, shall be less than 35 Sq. Yds, or bigger than 1500 Sq. Yds. in the schemes of sub division. reconstitution or improvement of plots :
Provided that the Trust may with the previous sanction of the State Government, grant permission for reconstitution or sub-division of plot Digger than 1500 Sq. Yds. in the schemes of reconstitution or sub-division as the case may be, of plots on the condition that the set back of the reconstituted plots shall be as per the scheme of prevailing building bye-laws applicable on the size of the reconstituted plots, whichever is great and in case of sub-division of plots set back of original plot shall maintained. The maximum coverage and height of such reconstitute plots shall be as per prevailing building bye-laws.
(2) Due regard shall always be given to the existing character of development envisaged on the street or scheme in which a sub-division of plot is sought and other set back lines shall remain unaltered.
(3) No plot which is commercial or intended to be used for commercial purpose, shall be less than 10 Sq. Yds, or bigger than 1500 Sq. Yds. in the schemes of sub-division, reconstitution or improvement of plots:
Provided that the Trust may with the previous sanction of the State Government, grant permission for reconstitution or sub-division of plots bigger than 1500 Sq. Yds. in the schemes of reconstitution or sub-division, as the case may be, of plots on the condition that the set back of the reconstituted plots shall be as per the scheme of prevailing building bye-laws applicable on the size of the reconstituted plots, whichever is greater and in case of 3ub-division of plots set back of original plot shall be maintained. The maximum coverage and height of such reconstituted plots shall be as per prevailing building bye-laws."