Kanti Lal vs State And Ors
2022 Latest Caselaw 13486 Raj

(1 of 2) [CW-7509/2016]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Civil Writ Petition No. 7509/2016 Kanti Lal

----Petitioner Versus State and Ors.

----Respondents

For Petitioner(s) : Mr. Nitin Prakash Trivedi For Respondent(s) : Mr. Sunil Beniwal, AAG assisted by Mr. Utkarsh Singh Ms. Neelam Lakhara, SDM, Abu Road

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MS. JUSTICE REKHA BORANA Order

17/11/2022

Heard learned counsel for the parties.

This Court vide judgment and order dated 13th November

2018 in allowing the writ petition issued further directions that the

District Collector, Sirohi shall ensure that all encroachments made

and the constructions raised over the land forming part of nadi are

removed expeditiously and it is restored in its original form within

a period of three weeks from the date of receipt of the certified

copy of the order. He was directed to file compliance report before

the Court on affidavit.

It appears that despite the above directions and the writ

petition having been allowed, the encroachments and the

constructions from the nadi have not been removed and it has not

been restored to its original position though various compliance

reports have been filed from time to time.

Today, Shri Beniwal, learned Additional Advocate General

submits that all encroachments have been removed except for a

(2 of 2) [CW-7509/2016]

small temple and he has produced a photograph showing the

existence of the said temple.

A bare perusal of the said photograph reveals that it is small

temple which has been allowed to be illegally come up without

sanction of the any building plan by the side of the macadamized

road on the banks of the pond. The aforesaid temple appears to

be an obstruction and since it is illegal and amounts to an

encroachment, has to be removed in any way. This apart, a nadi

has not been restored to its original position as its initial size was

about 14 bighas 17 biswas and at present, it is only about 8 to 9

bighas.

In view of the above, we call upon the District Collector,

Sirohi to personally file his affidavit as to the status of the

aforesaid nadi and the compliance of the judgment and order of

this Court dated 13th November 2018. He is also required to give

explanation as to why the aforesaid judgment till date has not

been complied in full.

Put up this matter on 24.11.2022, by which time necessary

compliance of the judgment shall be made in full and the District

Collector shall appear before the Court in person, in case the

compliance is not made and affidavit is not filed by.

The personal appearance of Ms. Neelam Lakhara, SDM, Abu

Road is dispensed with.

(REKHA BORANA),J (PANKAJ MITHAL),CJ

15-AnilKC/-

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