Rajasthan High Court - Jaipur
Rajendra Singh S/O Shri Mandroop Singh vs Jaipur Development Authority on 17 September, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14573/2019
Rajendra Singh S/o Shri Mandroop Singh, Aged About 48 Years,
R/o Flat No. D2B-105, Shaitan Singh Vihar Sector-1 Vidhyadhar
Nagar Jaipur.
----Petitioner
Versus
1. Jaipur Development Authority, Indira Circle, JLN Marg,
Jaipur Through Its Secretary.
2. The Commissioner, Jaipur Development Authority, Indira
Circle, JLN Marg, Jaipur
3. The Enforcement Officer, Jaipur Development Authority,
Indira Circle, JLN Marg, Jaipur
4. The Deputy Commissioner Zone-6, Jaipur Development
Authority, Indira Circle, JLN Marg, Jaipur
5. Sanjesh Goyal S/o Shri Mahaveer Prasad, R/o Plot No. E-
414, Bank Colony, Murlipura, Jaipur.
----Respondents
For Petitioner(s) : Mr.Prem Chand Dewanda, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
17/09/2019
The instant writ petition has been filed by the petitioner for seeking a direction against the respondent No.5 - Mr.Sanjesh Goyal to comply setback norms of Jaipur Development Authority Act, 1982 (for short "the JDA Act") in respect of the construction on Plot No.E-414, Bank Colony, Murlipura, Jaipur. The petitioner has also prayed for demolition of the construction, which is said to be made illegally in violation of the JDA Act and Building Bylaws.
(Downloaded on 06/06/2021 at 08:56:16 PM)
(2 of 2) [CW-14573/2019] Learned counsel for the petitioner submits that several representations have been given to different authorities informing them about illegal construction being done by the respondent No.5
- Mr.Sanjesh Goyal but no action has been taken by the official respondents, resultantly, the entire building has been constructed by the respondent No.5 in gross violation of Building Bylaws.
This Court finds that the prayer sought in the writ petition can adequately be considered by the Jaipur Development Authority Tribunal (for short "the Tribunal"), which has been constituted under the JDA Act. If the petitioner has any grievance against violation of Building Bylaws for not leaving the required setback, the same issue can be decided by the Tribunal and if the proper relief is to be granted to the petitioner, the same can be granted.
This Court does not have jurisdiction to entertain the present writ petition, hence, while dismissing the present writ petition, the petitioner is given liberty to approach the Tribunal. If the petitioner approaches the Tribunal, it is expected of the Tribunal to decide the matter expeditiously after following due process of law.
(ASHOK KUMAR GAUR),J Preeti Asopa /132 (Downloaded on 06/06/2021 at 08:56:16 PM) Powered by TCPDF (www.tcpdf.org)