Ambalal Nayak vs State Of Rajasthan
2022 Latest Caselaw 9992 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition (PIL) No. 9280/2022

Ambalal Nayak S/o Late Laxman Ji Nayak, Aged About 64 Years, 8 Pratap Colony, Kalka Mata Road, Phada, Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through District Collector, Udaipur.

2. The Commissioner, Municipal Corporation, Udaipur.

3. The Director, Department Of Local Bodies, Government Of Rajasthan, Jaipur.

4. Manoharlal Tiwari S/o Late Shri Laxminarayan Tiwari, 34/B, New Fatehpura, Udaipur, Raj.

5. Satyanarayan Tiwari S/o Late Shri Banshilal Tiwari, 34/B, New Fatehpura, Udaipur, Raj.

----Respondents

For Petitioner(s) : Mr. Rajat Rajpurohit Advocate.

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

Judgment / Order

01/08/2022

Heard.

This petition, styled as PIL petition, has been filed seeking

issuance of directions to respondents to take action against the

private respondents No.4 & 5 in the matter of alleged illegal

construction of residential complex in violation of the building

permission and the laws regulating construction of buildings within

the limits of the Municipalities.

Referring to various provisions and the material on record,

learned counsel for the petitioner would submit that even though

while raising residential complexes, there has been deviation from

(2 of 2) [CW-9280/2022]

the standards and norms to which building permission is granted,

which has also been repeatedly brought to the notice of the Local

Bodies, no action is being taken.

Taking into consideration the nature of allegation and that it

will require fact finding enquiry at the end of the respondent No.2,

at this stage, we are inclined to dispose off the petition with the

direction to respondent No.2 to examine the complaint of the

petitioner and take appropriate decision in the matter in

accordance with the governing laws and the provisions contained

in Rajasthan Municipalities Act, 2009 and other applicable laws.

It is made clear that in the matter of any such enquiry on the

complaints, the private respondents No.4 & 5 will be afforded an

opportunity of hearing to counter those allegations.

After hearing the petitioner, the local bodies shall take

appropriate decision in the matter in accordance with the law,

within the outer limit of four months from the date of receipt of

certified copy of this order.

It goes without saying that in case, the petitioner is not

satisfied with the decision, as may be taken by the Local Bodies, it

will be open for the petitioner to revive this petition.

Accordingly, this petition is disposed off at this stage.

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

Sanjay Kumawat-3

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