TMI Blog2007 (1) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... irst respondent on 26.3.1997. The sale deed stipulated that out of the total extent, an extent of 1,510 square metres will be surrendered by the purchaser free of cost for widening of an existing road and that the purchaser will be given the benefit of the floor area ratio calculated on the basis of the original plot size of 10,490 square metres. The parameters of construction were set out and the floor area ratio was given as 1.0. There was also a stipulation that consequent upon any change in Building bye-laws framed by the local authorities including the Jaipur Development Authority, if the buyer got additional floor area ratio or any relaxation, the State would have no objection, so long as the same are permitted by the bye-laws prevailing from time to time. 3. Possession was delivered to the purchaser on 26.7.2000. According to the purchaser, there was a shortage of 263 square metres in the area. The purchaser, therefore, applied to the Government for redressal of his grievance regarding the shortage in extent. On 22.3.2000, the Government agreed to adjust the said extent of 263 square metres as against 1,510 square metres the purchaser had to surrender free of charge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relief sought for could not be granted, by stating that the Jaipur Development Authority was not a necessary party because the order impugned in the writ petition was one passed by the State and not by the Jaipur Development Authority and since no relief was being claimed against the Jaipur Development Authority. The learned judge further held that the relevant date, in the light of the decisions of the Supreme Court, for considering the parameters was the date on which the construction plan was being sanctioned by the sanctioning authority and consequently, the Building bye-laws as on the date of the sanction, would prevail and the purchaser was entitled to the floor area ratio as per the bye-laws operative at that time. The learned Judge ended up by directing the State and the Secretary (Estate) to grant the benefit of additional floor area ratio of 1.75 to the purchaser forthwith, overlooking that sanction has to be given by the Jaipur Development Authority and the said authority was not on the array of parties. The State and the Secretary (Estate), filed an appeal before the Division Bench. It was pointed out that the Single Judge had ignored the effect of bye-law 19.8 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yed for by the respondents. He further submitted that the order now passed was an equitable one and there was no reason for this Court to interfere with the same. He emphasized that under bye-law 19.5 read with the relevant clause in the sale deed, the State could not take any objection to the fixation of the floor area ratio as 1.75. 9. It is clear that the auction took place on 14.2.1996. The bye-laws of 2000 came into force only on 1.2.2001. There is no case that the said bye-laws had retrospective operation. The sale deed stipulated the floor area ratio as 1.0. This was in terms of the bye-laws then existing. However, the sale deed further stated that if consequent upon any changes in Building bye-laws framed by local authorities including the Jaipur Development Authority, if the buyer gets additional floor area ratio or any relaxation, the State shall not have the objection whatsoever so long as they are permitted by the bye-laws as prevailing from time to time. This, at best, would mean that the bye-laws of 2000 which were in operation when the purchaser applied for an approval of the plan or fixation of parameters, might be applicable notwithstanding the parameters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to overrule the contention of the State on the basis that the State cannot rely on a part of the parameters and reject the other part. It is not very clear, what exactly is meant by the High Court by this observation. 11. Bye-law 19.5 re-emphasizes that the permission for construction of the plots sold in auction before the application of the rules, will be under the conditions specified at the time of the auction. It further provides that if necessary, the conditions will be relaxed in the building to be constructed. The sale deed recites that if parameters are relaxed as per the then existing bye-laws, the State will have no objection. This does not enable the High Court to ignore the effect of bye-law 19.8 or to nullify the effect of the earlier part of bye-law 19.5 itself and to say that since there is a power to relax, and the State cannot have objection, the whole parameters could be changed notwithstanding the relevant provisions in that behalf. The reasoning adopted by the High Court is, therefore, found to be unsustainable. 12. The High Court could have interfered with the order of the Government refusing the request of the purchaser, only if that order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the amended bye-laws. 15. We do not see anything inequitable in the purchaser being pinned down to his obligation under the sale by auction. Building Regulations are in public interest. Courts have a duty to protect public interest particularly when they do not interfere with any of the fundamental rights of the purchaser. The plea based on alleged equity cannot be accepted. 16. The High Court was in error in holding that in the nature of the reliefs claimed by the writ petitioner, the Jaipur Development Authority was not a necessary party but was only a proper party. It failed to notice that the effect of the direction issued by it, is to fetter the statutory power granted to the Jaipur Development Authority and to compel it to sanction a particular floor area ratio, without enabling it to examine whether such a claim of the purchaser should be permitted or not in the light of the bye-laws of 2000 and the relevant clauses in the sale deed in favour of the writ petitioner. But, in the view we have taken on the merits of the claim of the respondents, it is not necessary to further pursue this aspect of non-joinder. 17. After we have reserved judgment, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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