Rajasthan High Court
Lallu Ram Choudhary S/O Jagnnath ... vs The Principal Secretary on 2 February, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ (PIL) Petition No. 6017/2019
1. Lallu Ram Choudhary S/o Jagnnath Choudhary, R/o
Tutwali Dhani, Narottampura, District Jaipur, Rajasthan.
2. Bajrang Lal Meena S/o Shri Ram Chandra Meena, R/o
Narottampura, Post Jaisinghpura, Panchayat Samiti,
Sanganer Jaipur, Rajasthan.
3. Badrinaryan Sharma S/o Sharawan Lal, R/o Badwali
Dhani, Harvarnsh Pura, Jaisinghpura Bas, Jaipur.
4. Babulal S/o Bhiva Ram, R/o Panch Dukaan Ke Pass
Jaisinghpura Bas, Jaipur (Raj.)
5. Babu Lal Sharma S/o Harinarayan Sharma, R/o
Harbanshpura, Jaisinghpura, Jaipur (Raj.)
6. Satyanarain Sharma S/o Lalaram Sharma, R/o
Harbanshpura, Jaisinghpura, Jaipur (Raj.)
----Petitioners
Versus
1. The Principal Secretary, Department Of Urban
Development And Housing, Secretariat, Jaipur.
2. District Collector, Jaipur.
3. The Commissioner, Jaipur Development Authority,
Jawaharlal Nehru Marg, Jaipur.
4. The Deputy Commissioner, JDA, Zone-11, Jaipur,
Development Authority, Jawaharlal Nehru Marg, Jaipur.
----Respondents
For Petitioner(s) : Mr. Yogesh Tailor, Advocate for
Mr. Vimal Chand Chaudhary, Advocate
For Respondent(s) : Mr. Krishan Kumar Chhawal, Advocate
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
(2 of 3) [CW-6017/2019]
02/02/2021
Petitioners have filed the writ petition under Article 226 of
the Constitution of India by way of Public Interest Litigation.
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, petitioners have sought
direction to the respondents to remove the encroachment on
Government/Jaipur Development Authority land in Khasra nos.
1040, 1026, 1040/1113, 1045/1114, 1046, 1036, 540, 652 etc. of
Jaisinghpura Panchayat Samiti Sanganer, Jaipur.
Notice of the petition was issued to the respondents.
Para 21, 22 and 23 of the affidavit filed by the respondents
dated 10.08.2020 read as under:-
"21. That it is relevant to submit here that in the
Survey Report of Tehsildar, the structures identified
were 703 but in the said structures 730 Families were
residing and as such an exercise in regard to 730
Families was required to be undertaken out of which 90
Families are those which are living/residing over the
land by having Allotment/Regularization Letters issued
by JDA and 70 Families are those who are living/residing
over the land by having Panchayat Patta and 570
Families were those which were residing by doing
encroachment over the Government Land.
22. 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
(3 of 3) [CW-6017/2019]
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. A
copy of Order dated 25.2.2020 is submitted herewith
and is marked as Annexure-A/1.
23. 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."
In view of the affidavit submitted by the respondents to the
effect that the encroachment in dispute has already been
removed, no ground for further interference by this court is called
for.
Petition stands disposed of accordingly.
(MANOJ KUMAR VYAS),J (SABINA),J
Mohita /103
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