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Subsequently following the proceedings under Section 90B Land Revenue Act on 22-3-2002, the JDA approved the lay out plan for the residential scheme of Bal Vihar Colony proposed by the Society, leaving out plots No.31, 32, 39 and 40. Thereafter vide order dated 4-2-2002 the said plots were shown as utility area non particularly to be used as public park by the residents of Bal Vihar Colony.

The petitioner's case before the Tribunal, as also before this court is that in terms of a purported Gift-deed dated 25-10-1988, a certain parcel of land admeasuring 39 Bighas 7 Biswas in village Jhotwara Tehsil Jaipur sold by original khatedar was gifted to petitioner Society. It is however admitted position that the said gift-deed is not registered in terms of Section 123 of the Transfer of Property Act and of no avail to the donee. The petitioner society society has however sought to rely on a purported letter dated 5-3-1988 by Shri Chhatrapati Grah Nirman Sahakari Samiti admitting the ownership of petitioner society. It cannot however be overlooked that the land in respect of which the petitioner claimed benefit by way of gift deed dated 25-10-1988 and letter dated 5-3-1988, falls within the area of plots No.31, 32, 39 and 40 handed over to the Society under the agreement to sale dated 15-1-1981, in respect of which proceedings under Section 90-B of the Rajasthan Land Revenue Act had already been taken and concluded lay out plan approved by the JDA, and residential colony in the name of Bal Vihar Colony had already been approved, whereupon plots were sold and houses have been constructed. Merely based on an unregistered gift-deed dated 25-10-1988 and the consent letter of the Society 5-3-1988, the claim of the petitioner society that it is entitled for ownership and use of the land, which the JDA vide its decision dated 4-2-2002 set apart for the public park in Bal Vihar Scheme, cannot be countenanced. It would be relevant to stand that rule 30 of the Rajasthan Urban Areas (Sub-Divisions Reconstitution and improvement of Plots) Rules, 1975, provides where the JDA approves a residential scheme, except for the residential plots approved, common areas such road, parks and open spaces are to vest in the JDA. In terms of approval of lay out plan of the Bal Vihar Colony by the JDA vide decision dated 22-3-2002, as modified on 4-4-2002, the plots left out for the park thus vested in the JDA. The petitioner society without an iota of title/ ownership could not seek a direction against the JDA over such plots area marked and liable to be used as a public park. The petitioner's case was founded upon inadmissible evidence such as unregistered sale-deed, and a purported and apparently collusive admission letter of the Society regarding petitioner's ownership and denying the consequence of Section 90 of Land Revenue Proceedings vesting the whole of the land in the JDA and right of plot owners to enjoy the facility/ park area.