Rajasthan High Court - Jaipur
Arihant Enterprises, Jaipur An vs Jaipur Municipal Corporation T on 30 September, 2010
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.4131/2001 Arihant Enterprises and others Versus Jaipur Municipal Corporation and another DATE OF ORDER --- September 30,2010 PRESENT HONBLE MR.JUSTICE PREM SHANKER ASOPA Mr.Praveen Balwada with Mr.Shiv Lal, for the petitioner Mr.Manoj Sharma, for the respndent BY THE COURT
(1) By this writ petition, the petitioners have challenged the notice dated 7.8.2001 (Anx.3) issued by the respondent No.2 Commissioner (Civil Lines Zone), Jaipur Municipal Corporation, Jaipur being illegal and unconstitutional and have sought further direction against the respondents not to take any steps in relation to the building constructed over Plot No. O-18, Ashok Marg, `C' Scheme, Jaipur.
(2) The case of the petitioner is that they are owners of the land and building situated at Plot No.O-18, Ashok Marg, C' Scheme, Jaipur, which was duly purchased by the petitioner under the registered sale deed and there is no dispute about the title. However, a dispute was raised by the Jaipur Municipal Corporation with regard to the use of the building as a hospital, which is a commercial activity, whereas the said construction was raised for residential purpose. It is stated in the writ petition that the construction was raised as per the approved plan and even if there is any minor lapse, then the same is within the compoundable limit.
(3) Jaipur Municipal Corporation has not filed reply to the writ petition. However, Mr.Manoj Sharma appearing for the Jaipur Municipal Corporation submits that the Jaipur Municipal Corporation had jurisdiction to issue the impugned notice dated 7.8.2001 (Anx.3) as the area fell within its jurisdiction and further, that he has instructions to submit before this Court that presently neither any hospital nor any commercial activity is going on on the plot in question .
(4) On the second part of impugned notice dated 7.8.2001 (Anx.3), Mr.Manoj Sharma submits that the set backs are not in accordance with the approved plan and set backs on both the sides as well as set back on the back side have been partly covered by raising construction.
(5) Submission of Mr.Praveen Balwada, appearing for the petitioner is that the Jaipur Development Authority has the jurisdiction and not the Jaipur Municipal Corporation, to issue the impugned notice dated 7.8.2001 (Anx.3). He further submits that as regards the set back, the same are in accordance with the approved plan and there is no violation of any building bye laws. Even if, there is any minor lapse, then the same is within the compoundable limit.
(6) I have gone through record of the case and further considered rival submission of counsel for the parties.
(7) I am of the view that Mr.Balwada, counsel for the petitioners, has failed to substantiate that the Jaipur Municipal Corporation has no jurisdiction to issue the impugned notice dated 7.8.2001 (Anx.3). Presently, when on the plot in question, neither any hospital is being run nor any commercial activity is going on, ground No. (1) of the impugned notice is not sustainable. As regards ground No.(2) of the notice, no specification of the constructed area of the set back has been mentioned, therefore, the same is vague. It has also not been examined by the Jaipur Municipal Corporation that even if, there is any minor lapse, then whether the same is within the compoundable limit.
(8) In view of the above, the impugned order dated 7.8.2001 (Anx.3) deserves to be quashed and set aside and the Jaipur Municipal Corporation deserves to be given liberty to re-survey the plot bearing No.O-18, Ashok Marg, `C' Scheme, Jaipur and further inspect the construction made thereon. In case of violation of the provisions of the Rajasthan Municipalities Act, 1959 as well as the Bye Laws, the Jaipur Municipal Corporation will be at liberty to give a fresh show cause notice to the petitioners specifying the permissible limit as well as compoundable limit of the set backs and pass appropriate orders.
(9) Accordingly, the impugned order dated 7.8.2001 (Anx.3) is quashed and set aside. However, Jaipur Municipal Corporation will be liberty to re-survey the plot bearing No.O-18, Ashok Marg, `C' Scheme, Jaipur and further inspect the construction made thereon. In case it is found that there is any violation of the provisions of the Rajasthan Municipalities Act, 1959 as well as the Bye Laws, in the matter of construction, it will be open to the Jaipur Municipal Corporation to give a fresh show cause notice to the petitioners specifying the permissible limit as well as compoundable limit of the set backs, to which opportunity to file reply be given to the petitioners and thereafter, appropriate orders in the matter will be passed by the Jaipur Municipal Corporation.
(10) The writ petition is disposed of, as indicated above.
(Prem Shanker Asopa) J.
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