Rajasthan High Court
Jaisinghpura Kachchi Basti Vikas ... vs State Of Rajasthan on 2 February, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition (PIL) No. 2524/2020
Jaisinghpura Kachchi Basti Vikas Samiti, Jaisinghpura, Kachchi
Basti, Jaipur Registered At Serial No. 594 Jaipur/2009-10 Under
Rajasthan Organization Registration Act, 1958 Through Its
President Parmeshwar Lal Brahmbhatt S/o Shri Prabhu Lal, R/o
Jaisinghpura, Kachchi Basti, Muhana Road, Peepla, Bharatsingh,
Jaisinghpura, Jaipur-302026 (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Of
Rajasthan, Govt. Secretariat, Jaipur (Raj.).
2. Urban Development And Housing Department, Through
Its Principal Secretary, Department Of Urban
Development And Housing, Govt. Of Rajasthan, Govt.
Secretariat, Jaipur (Raj.).
3. The District Collector, Office Of District Collectorate,
Jaipur (Raj.).
4. The Jaipur Development Authority, Through Its
Commissioner, J.D.A., Jawahar Lal Nehru Marg, Jaipur
(Rajasthan).
----Respondents
For Petitioner(s) : Mr. Krishan Kumar Chhawal, Advocate
For Respondent(s) : Mr. Amit Kuri, Advocate
Ms. Archana, Advocate for Mr. Anil
Mehta, Additional Advocate General
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment / Order
02/02/2021
Petitioner has filed the writ petition under Article 226 of the
Constitution of India by way of Public Interest Litigation.
(2 of 3) [CW-2524/2020]
We have heard learned counsel for the parties and have gone
through the record available on the file carefully.
By way of the present writ petition, it has been prayed by
the petitioner that the respondents be directed to regularize the
'Kachchi Basti' Jaisinghpura in compliance of Mission Sudama
Project of Jaipur Development Authority.
Notice of the petition was issued to the respondents.
Respondents in their reply have submitted as under:-
"23. That the Jaipur Development Authority after getting
the relaxation from State Government and convincing
the encroachers, on 12.2.2020 drew first Lottery
whereby 409 Families (encroachers) were allotted BSUP
Flats and on 17.2.2020 organized the Second Lottery
whereby 161 Families (encroachers) were allotted BSUP
Flats and as such in total 570 Families were allotted
Flats and they thereafter also have been shifted in the
Flats. The demolition of Encroachments by the date
when an Affidavit was filed by the JDA on or about
25.2.2020 presenting the aforesaid position was over by
95% and was continuing and was to conclude in next 2
or 3 days. On 25.2.2020 the Hon'ble Court after hearing
the submissions made on behalf of JDA and being
satisfied with the Report of JDA was pleased to defer the
matter for 5.5.2020.
24. That the Jaipur Development Authority in
sequence to the aforesaid i.e. after concluding the
requisite exercise in regard to the Land in question, in
Public Interest and for overall development of Jaipur
Region has got a Residential Scheme Planned, prepared
and formulated over the Land in question. The RERA
Registration of the Scheme has also been got done by
the JDA and on 15th August, 2020 the JDA is launching
the said Scheme. The public Land after being released
from the encroachment has been put for the benefit and
use of Public."
(3 of 3) [CW-2524/2020]
In view of the reply filed by the respondent-Jaipur
Development Authority, no ground for further interference by this
court is called for.
Petition stands disposed of accordingly.
(MANOJ KUMAR VYAS),J (SABINA),J
Mohita /102
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