Ambalal Nayak vs State Of Rajasthan
2021 Latest Caselaw 7217 Raj

HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 12926/2020

Ambalal Nayak S/o Late Laxman Ji Nayak, aged about 64 Years, Resident of 8 Pratap Colony, Kalka Mata Road, Phada Udaipur (Raj.).

----Petitioner Versus

1. The State of Rajasthan through Director Local Self Department, Jaipur.

2. Municipal Corporation Udaipur, through its Commissioner.

3. The District Collector, District Udaipur.

4. Bhagwan Lal S/o Late Vardichand Gehlot, Plot No. -1, Jethiya Ka Akhada Chandpol Bahar, Udaipur.

----Respondents

For Petitioner(s) : Mr. Vikram Sharma on behalf of Mr. Sajjan Singh Rajpurohit.

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

15/03/2021

By way of this writ petition, the petitioner has questioned the

legality of the orders/resolutions dated 22.09.2017 (Annex.11),

06.09.2018 (Annex.12), 12.06.2019 (Annex.13), 29.01.2020

(Annex.14), 11.02.2020 (Annex.15) and 19.02.2020 (Annex.16)

passed by the respondents, whereby the seizure order dated

26.03.2015, seizing the unauthorised building constructed by the

private respondent in the prohibited area, i.e. near Pichhola Lake,

has been re-called conditionally.

The petitioner has also sought direction to the respondent

No.2 to take coercive action including demolition of the illegal

construction raised by the private respondent.

(2 of 2) [CW-12926/2020]

Learned counsel appearing for the petitioner submits that the

private respondent No.4 even without obtaining permission for

constructing a hotel by the authority concerned, has raised

construction dehors the relevant By-laws and the directions issued

by this Court in its various judgments.

If somebody is indulged in raising unauthorised construction,

the remedy is available under the provisions of the Rajasthan

Municipalities Act,1959.

This Court vide order dated 12.01.2017 has already issued

directions in Gulab Kothari vs. State of Rajasthan & Ors.

(D.B. Civil Writ Petition No.1554/2004), to the local

authorities in the following terms: -

"(xx) The local authorities shall enforce the building bylaws strictly and no construction shall be permitted in deviation of the approved plan. The construction of the building shall be regulated by the concerned officials of the local authorities at all stages and if any deviation is found, the immediate measures shall be taken to stop the construction and undo the deviation."

If the petitioner has the grievance against any individual

construction raised, he may approach the authorities concerned,

which are expected to take appropriate action in accordance with

law.

The writ petition is disposed of accordingly.

(RAMESHWAR VYAS),J (SANGEET LODHA),J 1-DJ/-

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