Banwari Lal Meena S/O Sh. Ram ... vs Sh. Bhaskar A. Sawant
2021 Latest Caselaw 6457 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Civil Contempt Petition No. 444/2020

                                        In

                D.B. Civil Writ (PIL) No. 13686/2019

Banwari Lal Meena S/o Sh. Ram Kanwar Meena, Aged About 40
Years, R/o Plot No. 113-A, Shiksha Sagar Colony, Near India
Gate Circle, Tonk Road, Jaipur.
                                                                    ----Petitioner
                                    Versus
1.     Sh. Bhaskar A. Sawant (IAS), Principal Secretary, Urban
       Development Department, Secretariat Jaipur.
2.     Sh. Vijay Pal Singh, (IAS) Commissioner, Jaipur Municipal
       Corporation Pt. Deen Dayal Upadhaya Bhawan, Lal Kothi
       Tonk Road, Jaipur.
3.     Sh.      T.   Ravikanth           (IAS),        Commissioner        Jaipur
       Development Authority, Ram Kishore Vyas Bhawan, Indira
       Circle, Jawahar Lal Nehru Marg, Jaipur 302004.
4.     Sh. Ashok Kumar Yogi, Deputy Commissioner Zone-8,
       Jaipur Development Authority, Ram Kishore Vyas Bhawan,
       Indira Circle Jawahar Lal Nehru Marg, Jaipur-302004.
5.     Sh. Rakesh Yadav (In Charge), Deputy Commissioner
       (Vigilance) Jaipur Municipal Corporation, Pt. Deen Dayal
       Upadhaya Bhawan, Lal Kothi Tonk Road, Jaipur.
6.     Sh Dilip Singh, Deputy Commissioner - Sanganer Zone,
       Jaipur    Municipal      Corporation,          Dada       Gurudev   Nagar,
       Sanganer, Jaipur.
7.     State Of Rajasthan Through Additional Chief Secretary,
       Urban Development, Department, Rajasthan, Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Manish Kumar Tailor, Advocate for Mr. Rahul Kamwar, Advocate For Respondent(s) : Mr. Anil Mehta, Additional Advocate General with Ms. Archana, Advocate Mr. Amit Kuri, Advocate

(2 of 3) [CCP-444/2020]

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

15/11/2021

Heard.

This contempt petition arises out of order dated 05.09.2019

passed by the Division Bench of this Court in D.B. Civil Writ (PIL)

Petition No. 13686/2019, whereby, this Court disposed off the writ

petition at the motion stage itself directing inquiry to be made and

to remove encroachment, if any, as alleged in the writ petition.

The operative part of the order is as below:-

"Having regard to the facts of the case and grievance raised therein, instead of directly entertaining the writ petition, we require the petitioner to approach the Deputy Commissioner, Zone-8, Jaipur Development Authority, Jaipur, by way of a representation along-with a copy of this order, who shall examine the grievance of the petitioner and if any encroachment is found on the government land, do the needful as warranted in law for protecting the government land after due notice to the affected parties. Needful be done within a period of four months from the date of such representation.

The writ petition accordingly stands disposed of."

In response to the notice issued in the present contempt

petition, the concerned authority namely Deputy Commissioner

Zone-8, Jaipur Development Authority, Respondent No.4 has filed

his reply, wherein it has been stated that after receipt of the

representation and the order passed by this Court, a fact finding

inquiry was made and it was found that some encroachment is

found at the spot. The place of encroachment being a religious

building, the matter was referred to the Collector under Section

11A of the Rajasthan Religious Buildings and Places Act, 1954 on

(3 of 3) [CCP-444/2020]

26.08.2020 and the matter is presently pending consideration

before the concerned authority.

As far as Deputy Commissioner Zone-8, Jaipur Development

Authority is concerned, in our considered opinion he has all done

that could be done by him.

This Court had disposed off the writ petition at the motion

stage itself without giving any notice to the party. The action of

Respondent No.4 is bona fide and in compliance of the order

passed in the case as also to the best of his understanding.

According to the officer, the religious building cannot be removed

by him, but can be removed only by the Collector under the

Section 11A of the Rajasthan Religious Buildings and Places Act,

1954.

Learned counsel for the petitioner submits that direction has

also been issued by the Hon'ble Supreme Court in the case of

Union of India Vs. State of Gujarat and Others (2011) 14 SCC 62

and in compliance of that direction also, all illegal construction and

encroachments have to be removed.

Considering the aforesaid submission and whatever has been

stated in the affidavit of Respondent No.4, further proceedings

need not to drawn in the contempt petition except observation

that the concerned Collector is required to expeditiously conclude

the proceedings of removal of the encroachment under the

provisions of concerned law.

Petition stands disposed off with the aforesaid

observation.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /11

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