Citation : 2021 Latest Caselaw 5519 Raj/2
Judgement Date : 1 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11118/2021
1. Girdhar Gopal Sharma S/o Shri Ambika Prasad Sharma,
Aged About 55 Years, R/o Plot No. 260A, Sindhu Nagar,
Pratap Nagar, Murlipura, Jaipur (Raj).
2. Mahendra Kumar Chaturvedi S/o Shri Om Prakash
Chaturvedi, Aged About 40 Years, R/o Plot No. 261A,
Sindhu Nagar, Pratap Nagar, Murlipura, Jaipur (Raj).
3. Girraj Prasad Gupta S/o Shri Ram Kishore Gupta, Aged
About 48 Years, R/o Plot No. 109A, Paramhans Colony,
Pratap Nagar, Murlipura, Jaipur (Raj).
----Petitioners
Versus
1. Jaipur Municipal Corporation, Through Commissioner,
Jaipur Nagar Nigam Greater.
2. Deputy Commissioner, Ayojana-II, Jaipur Nagar Nigam
Greater, Tonk Road, Jaipur.
3. Deputy Commissioner, Jaipur Nagar Nigam Greater,
Murlipura Zone, Jaipur.
4. Jaipur Development Authority, Through Its Commissioner,
Indira Circle, J.l.n. Marg, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ankul Gupta
JUSTICE DINESH MEHTA
Order
01/10/2021
1. This writ petition has been filed by the petitioners with the
following prayer:-
"i. by issuing appropriate writ, order or direction or nature thereof thereby, to direct the respondents to maintain the sanctity of approved plan as directed by this Hon'ble Court in case of Gulab Kothari;
(2 of 3) [CW-11118/2021]
ii. by issuing appropriate writ, order or direction or
nature thereof thereby, to direct the respondents to rectify their illegal action whereby they have allotted the area of road in favour of individual and to cancel the documents issued by them as the same being nullity; iii. By issuing appropriate writ, order or direction or nature thereof thereby, to direct the respondents to remove the entire encroachment raised on the 80 ft. sector road from Plot No.100 to 105 with immediate effect and ensure the width of the said road to be of 80 ft. and further remove the blockage of the 30 ft. link road which has been blocked by the encroaches situated at Pratap Nagar, Murlipura, Jaipur."
2. A Division Bench of this Court in Jagdish Prashad Meena &
Ors. Vs. State of Rajasthan & Ors. : D.B. Civil Writ Petition
(PIL) No.10819/2018, vide order dated 30.01.2019, has
directed creation of Public Land Protection Cell (PLPC) for rural
areas in every district. Counsel for the petitioners submitted that
he may be permitted to submit a representation before the PLPC
and respondents be directed to dispose of the same within a
period of two months.
3. Accordingly, the writ petition stands disposed of in view of
the directions issued by the Division Bench of this Court in
Jagdish Prashad Meena (supra) while giving liberty to the
petitioners to file a representation before PLPC, along with
certified copy of the order instant and photocopy of the judgment
aforesaid, within a period of two weeks from today.
4. In case, representation is so addressed, the competent
authority of the respondents shall consider the same and do the
needful, as early as possible, preferably within a period of eight
weeks from receipt thereof.
(3 of 3) [CW-11118/2021]
4. Stay petition also stands disposed of accordingly.
(DINESH MEHTA),J
153-Amar/-
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