Rajasthan High Court
Shri Ram Nagar Vikas Seva Samiti vs The State Of Rajasthan ... on 16 November, 2023
Bench: Manindra Mohan Shrivastava, Shubha Mehta
[2023:RJ-JP:34673-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ (PIL) Petition No. 11818/2023
Shri Ram Nagar Vikas Seva Samiti, Shri Ram Nagar, Golyawas, New
Sanganer Road, Mansarovar, Jaipur (Raj.) Through Its Secretary Satya
Prakash Kedawat Son Of Shri Damoder Lal Gupta, Aged About 56
Years, Resident Of Plot No. 48, Shri Ram Nagar, Golyawas, New
Sanganer Road, Mansarovar, Jaipur (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Additional Chief
Secretary, Urban Development And Housing Department,
Secretariat, Jaipur (Raj.)
2. The Commissioner, Jaipur Development Authority, J.L.N. Marg,
Jaipur (Raj.)
3. The Principal Secretary, Home Department, Secretariat, Jaipur.
4. The Commissioner Of Police, Commissionerate, Near
Government Hostel, Jaipur.
5. Jaipur Municipal Corporation, Jaipur Through Commissioner.
----Respondents
For Petitioner(s) : Mr. Prahlad Sharma, Advocate
For Respondent(s) : Mr. Anil Mehta, AAG with
Mr. Yashodhar Pandey, Advocate for JDA
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MRS. JUSTICE SHUBHA MEHTA
Judgment / Order
16/11/2023
Heard.
Learned Additional Advocate General appearing for JDA would
submit that reply has been filed today and copy has been supplied to
learned counsel for the petitioner.
This PIL petition has been filed by the petitioner society seeking
following relief:-
[2023:RJ-JP:34673-DB] (2 of 3) [CW-11818/2023]
"It is, respectfully prayed that this petition may
kindly be allowed and the respondents may kindly be
directed to construct 30 Mtr. Sector road from New
Sanganer Road, Jaipur to Vande Matram Road, Jaipur
by removing the illegal encroachment.
It is further prayed that State Functionaries may
kindly be directed to construct and maintain the sector
road according to the approved Zonal Development
Plan.
Any other appropriate order or direction may
kindly be passed in favour of the petitioner society,
simultaneously cost of the present petition may kindly
be awarded in favour of the petitioner society."
The petitioner society has alleged that though under the Zonal
Development Plan, a 100 feet wide road is required to be constructed,
the same is not being completed on account of various encroachments
which have been made by number of persons over the years since the
land was acquired by the State for the specific purpose of construction
of road.
Today reply has been filed by the respondents in which it has been
stated that out of 1800 meters long road proposed to be constructed
with 100 feet width, 1000 meters road with 100 feet road is available.
For the remaining 800 meters land, it is stated that because of certain
encroachments or illegal occupation, further process could not be
completed. He would submit that though notices for removal of
encroachments have been issued to various persons, the Development
Authority also proposes to recommend regularization. For this purpose,
it is proposed to seek directions and appropriate orders from the State
Government.
[2023:RJ-JP:34673-DB] (3 of 3) [CW-11818/2023]
We find that the petitioner society consists of members who
themselves in the past had encroached upon certain lands and which
were subsequently regularized.
Though, the issue raised in this petition is of public importance
that the road should be constructed since the lands have been acquired
by the State since long, at the same time, we are not inclined to allow
the present petitioner to prosecute because they themselves had
encroached and benefited by regularization.
In these circumstances, we are inclined to dispose off this petition
at this stage with the directions to the respondents to ensure
construction of 100 feet wide road on the remaining 800 meters stretch
of land within a period of six months from today. How the respondents
shall deal with the encroachment is to be regulated by the standing
applicable laws. The road is required to be constructed. The persons
who have encroached upon the land which was required for the purpose
of construction of road have to be shifted. This order shall not come in
the way of the respondent-authority in rehabilitating those who have
already encroached upon the land and due to which the road is not
being constructed. However, in the garb of consideration of those cases
for regularization/rehabilitation, construction of the road cannot be
deferred. The persons who have encroached are required to be removed
forthwith and the road should be constructed within a period of six
months as directed.
This PIL petition is, accordingly, disposed off.
(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Mohita /31
Powered by TCPDF (www.tcpdf.org)
