JDA PROPERTIES

Submitted by Supervised by

Prachi Tatiwal Neeraj Gaur

NLU, Delhi Vice President-Legal

Kotak Mahindra Bank

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 TABLE OF CONTENTS

TITLE Page
number

CHAPTER 1: AN INTRODUCTION. 4

CHAPTER 2:TYPES OF PROPERTY 5-6

CHAPTER 3: CONVERSION OF LAND 7-8

CHAPTER 4: ESSENTIALS OF LEASE DEED. 9-11

CHAPTER 5: PENALTY FOR UNAUTHORISED 12

DEVLOPMENT

CHAPTER 6: NAME TRANSFER PROCESS 13-14

(JDA VISIT)

ANNEXURES

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 Declaration

I hereby declare that the work reported in this project report entitled “JDA PROPERTIES”,
submitted at Kotak Mahindra Bank, Jaipur, is an outcome of my work carried out under
the supervision of Mr. Neeraj Gaur. I have duly acknowledged all the sources from which
the ideas and extracts have been taken. To the best of my understanding, the project is free
from any plagiarism issue.

Prachi Tatiwal

National Law University, Delhi

Date: 11th Jan 2019

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 INTRODUCTION

Jaipur Development Authority (JDA) has been committed to working for the benefit of the
citizens of Jaipur with planned implementation of development schemes and is consistently
striving to take Jaipur at higher levels of progress. Jaipur is one of the most well-planned
cities of its times and planned development has always been central to its ideology.

Jaipur Development Authority came into existence by the Government of Rajasthan with a
vision to combat and manoeuvre the growing requirements of a large city in wake of the
increasing population and to help give Jaipur a planned look compatible and comparable to
any metropolitan city of repute. JDA was authorised powers and a green signal to speed up
the development and progressive growth of the entire city to rapidly change the face of
Jaipur. To meet these important needs JDA sprang into action and started to understand the
necessary needs of the city.

According to the requisites, JDA has been working towards time-bound construction,
creation and development of the western part of Jaipur based on major scientific and hi-tech
strategies. Thus, Jaipur has been beautified intensively to augment the tourist attraction in the
city and to raise the living standards to suit convenience of its citizens...

The major undertaking of JDA includes the following:

 Infrastructural development of Jaipur region by construction of flyovers, bridges,

parking places.

 Development of commercial projects and residential schemes, etc.

 Development of basic amenities like community centres, parks, ring roads.

 Development and rehabilitation of kacchi bastis etc.

According to the promises and commitments of the Rajasthan Government, JDA has been
time and again proving itself as a pioneer of development, creating a state-of-the-art city of
substance. JDA has been working on widening all main roads, construction of over bridges,
under bridges and flyovers to regulate the traffic on roads, minimize pollution, and ensure
public convenience and safety. JDA firmly believes in bridging the gap and reaching out to
its citizens and to provide them with quick and hassle-free service.
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 TYPES OF PROPERTY

1. Residential real estate may contain either a single family or multifamily structure that
is available for occupation or for non-business purposes. Residences can be classified
by and how they are connected to neighbouring residences and land. Different types
of housing tenure can be used for the same physical type. For example, connected
residences might be owned by a single entity and leased out, or owned separately with
an agreement covering the relationship between units and common areas and
concerns.

2. Commercial property refers to real estate property that is used for business
activities. Commercial property usually refers to buildings that house businesses,
but it can also refer to land that is intended to generate a profit, as well as larger
residential rental properties.

Commercial real estate is commonly divided into six categories:

1. Office Buildings – This category includes single-tenant properties, small professional

office buildings, downtown skyscrapers, and everything in between.
2. Retail/Restaurant – This category includes pad sites on highway frontages, single
tenant retail buildings, small neighborhood shopping centers, larger centers with
grocery store anchor tenants, "power centers" with large anchor stores such as Best
Buy, PetSmart, OfficeMax, and so on even regional and outlet malls.
3. Multifamily – This category includes apartment complexes or high-rise apartment
buildings. Generally, anything larger than a fourplex is considered commercial real
estate.
4. Land – This category includes investment properties on undeveloped, raw, rural land
in the path of future development. Or, infill land with an urban area, pad sites, and
more.
5. Miscellaneous – This catch all category would include any other nonresidential
properties such as hotel, hospitality, medical, and self-storage developments, as well
as many more.

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 3. Industrial property is used for industrial purposes. It sounds simple, but it comes in
all shapes and sizes and covers a huge range of business types. Industrial properties
can generally be broken down into three sizes: small, large and enormous.

Small industrial sites include single or double-storey buildings zoned for industrial use. These
often have flexible interior space, usually a mix of warehouse and office space. ‘Flex’ spaces
are used by small businesses such as mechanics, research laboratories and start-ups.

Large industrial properties include medium to large warehouses and factories that are
designed to manufacture or store goods. They include distribution companies such as third
party logistics (3PLs).

On the larger end of the scale are the ‘big box’ industrial spaces. These enormous industrial
spaces are used as logistics and distribution centres that hold and then distribute finished
goods to stores and/or directly to customers.

4. Agricultural land is typically land devoted to agriculture, the systematic and

controlled use of other forms of life—particularly the rearing of livestock and
production of crops—to produce food for humans It is thus generally synonymous
with both farmland or cropland, as well as pasture or rangeland.

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 CONVERSION OF PROPERTY

Section 90-A. of Rajasthan Land Revenue Act1- Use of agricultural land for non-
agricultural purpose – (1) No person holding any land for the purpose of agriculture, and no
transferee of such land or any part thereof, shall use the same or any part thereof, by the
construction of buildings thereon, shall use the same or any part thereof, by the construction
of buildings thereon, shall use the same or any part thereof, by the construction of buildings
thereon or otherwise for any other purpose except with the written permission of the State
Government obtained din the manner hereinafter laid down and otherwise that in accordance
with the terms and conditions of such permission.

(2) Any such persons desiring to use such land or any part thereof for any purpose other than
that of agriculture shall apply for the requisite permission in the prescribed manner and to the
prescribed officer or authority and every such application shall contain the prescribed
particulars.

(3) The State Government shall, after making or causing to be made due inquiry in the
prescribed manner, either refuse the permission applied for or grant the same subject to the
prescribed terms and conditions.

(4) When any such land or part thereof is permitted to be used for any purpose other than
that of agriculture, the person to whom such permission is granted shall be liable to pay to the
State Government in respect thereof - (a) an urban assessment levied at such rate and in
accordance with such manner is may be laid down in rules to be made in this behalf by the
State Government, or (b) such amount by way of premium as may be prescribed by the State
Government, or (c) both.

Earlier 90A was used for land use change only in rural areas. The amended clause
90A, is now used for all land conversions—rural as well as urban. The contentious clause
90B was introduced in June 1999 and was meant to legalise illegal land conversions that had
taken place till then. But the clause was continuously being misused to regularise
unauthorised construction and bred corruption. The Rajasthan High Court stayed the
operation of the clause in May 2011. Consequently, the state Cabinet, on February 1,

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Section 90-A. of Rajasthan Land Revenue Act.

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announced the introduction of the amended clause 90A. Clause 90A contains special
provisions that 90B did not have; the latter did not even fit in with the state's 2025 master-
plan. The new provisions will ensure transparency, thereby reducing corruption, which is the
highest in land conversion cases.

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 LEASE DEED

A Lease is a transfer of an interest in an immovable property which is the subject of the lease
and that interest is the right to occupy and use the property for which the lease is given for the
period and on the terms and conditions agreed upon between the parties. The Lease deed
should invariably contain (i) covenants by the Lessee/tenant; (ii) covenants by the
Lessor/Owner; (iii) special terms and conditions agreed upon between the parties; and (iv) the
usual covenants, for title, against encumbrances, for quiet possession and for further
assurances.

In Leave and Licence, the Owner of the property does not transfer any of his rights in respect
of the property. However, in case of Sale, Gift, Exchange, the owner transfers his entire
rights, possession and ownership. While, in case of Lease, the owner simply part with his
right of possession, but retains the right of ownership.

The person who transfers the possession (owner) is called as Lessor and the person who get
the right of possession is called as Lessee. The consideration paid by the Lessee is known to
be either rent or premium. In English Law, the transfer of interest in the property is called
demise. The words ‘Landlord’ and ‘Tenant’ are also used instead of the words Lessor and
Lessee respectively.
Section 105 of Transfer of Property Act defines about ‘Lease’. Without bothering about the
legal jargons, we shall understand some important ingredients of Lease. They are:-

1. It involves only transfer of right to use the property (possession).

2. The period of lease should be certain along with the dates of commencement and
expiry.
3. The consideration for lease shall be periodical payment termed as rent or premium or
both.
The essential elements of a lease are as follows:

 Parties- The parties to a lease are the lessor and the lessee. The lessor is also called the
landlord and the lessee the tenant.

 Subject matter of lease- The subject matter of lease must be immovable property. The
word "immovable property" may not be only house, land but also benefits to arise out

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 of land, right to collect fruit of a garden, right to extract coal or minerals, hats, rights
of ferries, fisheries or market dues. The contract for right for grazing is not lease. A
mining lease is lease and not a sale of minerals.

 Duration of lease- The right to enjoy the property must be transferred for a certain
time, express or implied or in perpetuity. The lease should commence either in the
present or on some date in future or on the happening of some contingency, which is
bound to happen. Though the lease can commence from a past day, but that is for the
purpose of computation of lease period, as the interest of the lessee begins from the
date of execution. No interest passes to the lessee before execution. In India, the lease
may be in perpetuity.

 Consideration- The consideration for lease is either premium or rent, which is the
price paid or promised in consideration of the demise. The premium is the
consideration paid of being let in possession, such as Salami, even if it is to be paid in
installments.

 Sub-lease- A lessee can transfer the whole or any part of his interest in the property by
sub-lease. However, this right is subject to the contract to the contrary and he can be
restrained by the contract from transferring his lease by sub-letting. The lessee can
create sub-leases for different parts of the demised premises. The sub-lessee gets the
rights, subject to the covenants, terms and conditions in the lease deed.

DIFFERENCE BETWEEB LEASE & MORTGAGE: Lease and Mortgage are species of the
same genus viz., the ‘transfer of property’. Both of them bring about transfer of property, but
with a substantial change as to the nature of disposition. The principal objective of a
mortgage is to provide security for repayment of amount, whereas the one under lease is that
the owner of an item of immovable property permits another to use it on payment of rent.
Except in the case of usufructuary mortgage and mortgage through conditional sale, the
possession of the property continues to be with the mortgagor.
In the case of lease, the transferee invariably gets the possession of the property. Apart from
the broad difference, there are certain minute important aspects, that differentiate the
mortgage from lease. Once a transaction of mortgage is brought about, the mortgagor gets the
right to redeem and the mortgagee gets the corresponding tight to foreclose the mortgage.
The nature of decree to be passed in a suit for foreclosure of mortgage differs substantially
from the one to be passed in a suit for recovery of possession of property from a lessee. A

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preliminary decree is to be passed and it is followed by final decree. Chapter IV of the
Transfer of Property Act, 1882 confers rights and places obligations on the mortgagors, on
the one hand, and mortgagees, on the other hand, which are typical and germatone to such
transactions. Prescription of any fixed term is alien to mortgages.
Lease, on the other hand, involves, just the permission being accorded by an owner of
property, to another, to use it. The consideration therefor is the rent fixed with the consent of
the parties. In a given case, the lease may be nominal or phenomenal. Further law does not
prohibit the rent being paid in the form of adjustment from the amount due from the lessor to
the lessee.

The Stamp Duty Act 1899:

The Stamp Duty Act 1899 enumerates the value of stamp duty payable on different lease
documents. A lease agreement can be stamped as an ordinary agreement under article 5 of the
Indian stamp act and corresponding provision of the state stamp duty act. If an agreement of
lease amounts to a demise it is required to be stamped under article 35 of the Indian stamp act
which also includes a sub lease or an agreement to let and sublet. Under article 35, duty
charged is on the average annual rent which is multiplied by the number of years according to
the length of the lease period.

Therefore, while entering into a lease, lessor and lessee have to act according to the
provisions mentioned under Transfer of Property Act, registration, amount payable on
account of stamp duty and other terms and conditions so mentioned in the lease deed.

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 Penalty for un-authorised development or for use otherwise than in
conformity with the Plan
(1) Any person who, whether at his own instance or at the instance of any other person
commences, undertakes or carries out development or institutes or changes the use of any
land-
(a) without permission required under this Act; or

(b) which is not in accordance with any permission granted or in contravention of any
condition subject to which such permission has been granted; or

(c) after the permission for development has been duly revoked; or

(d) in contravention of any permission which has been duly modified; shall, on
conviction, be punished with fine which may extend to five thousand rupees, and in the
case of a continuing offence with a further fine which may extend to one hundred
rupees for every day during which the offence continues after conviction for the first
commission of the offence.

(2) Any person who continues to use or allows the use of any land or building in
contravention of the provisions of a Plan without being allowed to do so under section 17 or
where the continuance of such use has been allowed under that section continues such use
after that period for which the use has been allowed or without complying with the terms and
conditions under which the continuance of such sue is allowed, shall, on conviction be
punished with fine which may extend to two thousand rupees; and in the case of continuing
offence, with a further fine which may extend to one hundred rupees for every day during
which such offence continues after conviction for the first commission of the offence.

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 JDA VISIT

AMIT SHARMA (JLO) ZONE 10 – LAW OFFICER

QUESTIONS

 Whether JDA issues notice or cancels the lease If subsequent lease money is not paid?
 JDA issues notice of 30-45 days.
 Whether subsequent purchaser is liable to pay lease due of original owner? Whether
He is liable to pay penalty for not depositing money by original owner?
 YES, subsequent purchaser will be liable.
 What is the procedure for Name Transfer/ Name Substitution of Property?
 Process

1. Applicant will have to register by filling an online registration form available at JDA
official website (www.jda.urban.rajasthan.gov.in). Registration fee of Rs. 100.00 shall
be payable for validity period of 5 years, payment will be made through Net banking,
Debit / Credit Card etc.
2. After successful registration, applicant will be able to apply for these services online.
3. Applicant would be required to fix appointment with counsellor from the available
slot (Date & Time) of his choice and visit JDA office personally to get the uploaded
documents compared with the original documents.
4. On the scheduled date and time the counsellor will match the documents with the
originals as uploaded by applicant and will mark each document Accepted or Not-
Accepted. If the application is found correct in all respect the councillor will forward
the application online to respective section otherwise he will mark it as pending with
appropriate remarks.
5. Applicant would be able to track the status of his application online through his Login
Dashboard.
6. JDA may post any Query/Demand from time to time which will be available on
applicant’s dashboard. Applicant will have to provide required details/documents etc.,
against Query/Demand on the portal itself within 7 days.
7. If any demand is raised by JDA the payment may be made through Net Banking,
NEFT/RTGS, Cash/DD. If the payment is made through Cash/DD, the challan will

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 have to be uploaded and if the payment is made online the detail of UTR/Instrument
number will have to be provided through dashboard itself.
8. On disposal of case the document issued will be made available on the dashboard and
the original document will be sent on the address of the applicant through post.
9. The information of disposal of case or any Query / Demand generated by JDA will be
informed through SMS and eMail.

 DOCUMENTS REQUIRED FOR NAME TRANSFER

THROUGH SALE DEED

 Photo ID issued by Government (Aadhar Card/ Driving License / Passport /

Bhamashah etc.)
 Registered Sale Deed
 Possession Letter Issued by JDA
 Lease Deed (Patta) Issued by JDA
 Allotment letter issued by JDA
 Site Plan Issued by JDA
 In Case of Constructed Property Oldest Electricity / Water Bill

THROUGH WILL

 Photo ID issued by Government (Aadhar Card/ Driving License / Passport /

Bhamashah etc.)
 Will (Registered / Unregistered)
 Death Certificate
 Allotment letter issued by JDA
 Possession Letter Issued by JDA
 Site Plan Issued by JDA
 Lease Deed (Patta) Issued by JDA
 In Case of Constructed Property Oldest Electricity / Water Bill

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