JDA Act' 1982 (to be referred as Act' 82
hereinafter) and no notification under Section 54(3) of the
Act ... been issued divesting JDA of these lands and
vesting the same in the State of Rajasthan and therefore
lands transferred by the State Government
yards odd allotted to the petitioner FCI by
the Jaipur Development Authority (JDA) on 21.02.1983 over
23,000 square yards of land has been handed ... petitioner from time to time. It appears that steps under the JDA
Act are being taken by the JDA against the encroachers over the
remainder
have been filed against them. It has been stated that the
JDA always acts upon the complaints received ... unauthorized
user or unauthorized construction. However, it is bound under the
JDA Act to comply with the due procedure and cannot
peremptorily demolish the unauthorized
which is
inconsistent to the provisions of JDA during subsistence of JDA. The above
clauses of JDA make it clear that the developer is having ... vested with
the developer in the JDA and the JDA is still subsisting and the developer
has been acting in furtherance of the contract
Act and all
the essential ingredients of Section 53A of 1882 Act were
required to be fulfilled. In the absence of registration of
JDA dated ... Indian Registration Act and Other Related Laws
(Amendment) Act, 2001, was not enforceable u/s.
53A of Transfer of property Act, hence no
transfer took
section (5A) to
section 45 to the Income Tax Act, 1961 , by the Finance Act,
2017 , capital gains in case of a joint development agreement ... case, and it being clear that the said
JDA was never registered, since the JDA has no efficacy in the
eye of law, obviously
provisions of Section 11(6) of the
Arbitration and Conciliation Act, 1996 ('the Act' for short)
for appointment of the sole Arbitrator to adjudicate ... Act, 1996 .
VI. REGARDING COMPLIANCE OF SECTION
11(5) OF THE ACT
14. It is not in dispute that the parties to the JDA
application under Section
11 of the Rajasthan Rent Control Act, 2001 (for short "the
Act of 2001") to seek restoration of the property ... application under Section 11 of the Act of 2001
could not have been maintained by impleading JDA as a party
respondent and with the pleading
resolve the dispute through
an amicable settlement. The Commissioner, JDA, Jodhpur was
directed to act as a mediator. In furtherance of the said direction ... shifting of the tower. The wholehearted endeavour of
the Commissioner, JDA, in acting as a mediator at the Court's
request, has resulted into
JDA dated 25.02.2007 but had not accepted the
same JDA in respect of the remaining portion of the land particularly when the
JDA and consequential ... Act, by incorporation, stood embodied in
section 2(47)(v) of the Act and all the essential ingredients of Section 53A if 1882
Act were
