Rajasthan High Court - Jodhpur
Sriram Stone Art vs State Of Rajasthan (2023/Rjjd/010215) on 17 April, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023/RJJD/010215]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1524/2021
Bajrang Stone Art, Main Road, Dali Bai Mandir To Andaram
School Road, Jodhpur Through Its Proprietor Jagdish Ram Pra-
japat S/o Shri Ramuram, Aged About 38 Years, R/o Plot No. 25,
Tirupati Nagar, Opposite Birla Public School, Jodhpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment , Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 11617/2020
Kumawat Stone Art, Bypass To Lehriya Road, Near Dali Bai
Mandir To Chopasani, Jodhpur Through Its Proprietor Smt. Vimla
Kumawat Wife Shri Mohanlal Kumawat, Aged About 54 Years,
Resident Of 32/33, Chopasani Housing Board, Near Police
Chowki, Jodhpur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur, Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
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S.B. Civil Writ Petition No. 835/2021
Maruti Stone Art, Near Birla School, Main Road, Dali Bai Mandir
To Andaram School Road, Jodhpur Through Its Proprietor Gird-
hari La Son Of Shri Kishan Lal, Aged About 52 Years, Resident Of
16A, Hari Nagar, Jhanwar Road, Jodhpur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur, Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 1384/2021
Devi Stone Art, Rishabh Dev Nagar, Ram Property Ki Gali Me,
Dali Bai Mandir To Andaram School Road, Jodhpur Through Its
Proprietor Omprakash Choudhary S/o Shri Ramuram Choudhary,
Aged About 40 Years, R/o 300, Rishabh Dev Nagar, Jodhpur (Ra-
jasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner
3. Authorized Officer Cum Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur
----Respondents
S.B. Civil Writ Petition No. 1401/2021
Sankhala Stone Art, Byepass To Lehariya Road, Dali Bai Mandir
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To Chopasani Road, Jodhpur Through Its Proprietor Smt. Kamla
W/o Shankaer Lal, Aged About 58 Years, Resident Of Nayapura,
Village Chokha, Tehsil And District Jodhpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur
2. Jodhpur Development Authority Jodhpur, Through The
Commissioner
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur
----Respondents
S.B. Civil Writ Petition No. 1402/2021
Balaji Stone Art, Main Road, Dali Bai Mandir To Pal Dps Circle
Road, Jodhpur Through Its Proprietor Premaram S/o Natharam,
Aged About 48 Years, Resident Of Loradi Dejgara, Tehsil And
Dstrict Jodhpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur
2. Jodhpur Development Authority Jodhpur, Through The
Commissioner
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur
----Respondents
S.B. Civil Writ Petition No. 1441/2021
Salasar Stone Art, Near Parihar Building Material, Gangana
Fanta, Near Pal Dps Circle To Boranada Pump, Jodhpur Through
Its Proprietor Sampatlal S/o Shri Sonaram, Aged 48 Years, R/o
Nayapura, Chokha, District Jodhpur (Rajasthan)
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----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gover-
ment, Urban Development Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (South),
Jodhpur Development Authority, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 1442/2021
Hari Om Stone Art, Ramdev Nagar, Dali Bai Mandir, Dali Bai
Mandir To Andaram School Road, Jodhpur Through Its Proprietor
Indra Chand Prajapat S/o Shri Kishan Lal Prajapat, Aged About
54 Years, R/o 21/336, Chopasani Housing Board, Jodhpur (Ra-
jasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 1443/2021
Aditya Stone Art, Dali Bai Mandir To Jhanwar Road, Jodhpur
Through Its Proprietor Chhagan Lal Prajapat S/o Shri Sanwarmal
Prajapat, Aged About 42 Years, R/o 17/193, Chopasani Housing
Board, Jodhpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
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Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 1470/2021
Choudhary Stone Art, Opposite Tata Motors, Main Road, Dali Bai
Mandir To Pal Dps Circle Road, Jodhpur Through Its Proprietor
Bhanwar Lal Son Os Shri Hadman Ram, Aged About 35 Years,
Resident Of Loradi Dejgara, District Jodhpur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur, Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 1472/2021
K.r. Stone Art, Bypass To Lehriya Road, Near Dali Bai Mandir To
Chopasani, Jodhpur Through Its Proprietor Smt. Leela Devi
Choudhary Wife Of Shri Kesharam, Aged About 38 Years, Resi-
dent Of Village Post Somesar, Tehsil Shergarh, District Jodhpur
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur, Through Its
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Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 1475/2021
Pushap Stone And Curving, Lehriya Road, Dali Bai Mandir To
Chopasani Road, Jodhpur Through Its Proprietor Bajrang La
Swami Son Of Shri Sriram Swami, Aged About 45 Years, Resi-
dent Of 308, Ramdev Nagar, Opposite Dali Bai Mandir, Jodhpur
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur, Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 1525/2021
Salasar Stone Art, Rajnagar, Hai Ram Proprietor Ki Gali Me, Dali
Bai Mandir To Andaram School Road, Jodhpur Through Its Propri-
etor Sampatlal S/o Shri Sonaram , Aged About 48 Years, R/o
Nayapura, Chokha, District Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment , Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner
3. Authorized Officer - Cum - Deputy Commissioner (West),
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Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 1527/2021
Balaji Stone Art, Main Road, Dali Bai Mandir To Pal Dps Circle
Road, Jodhpur Through Its Proprietor Bharat Choudhary S/o Shri
Khinyaram Choudhary, Aged About 31 Years, R/o 293, Jaton Ki
Dhani, Loradi Dejgara, Tehsil And District Jodhpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment , Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
S.B. Civil Writ Petition No. 5440/2021
Sriram Sand Stone Art, Opposite Ashapurna, Pal Dps Circle To
Boranada Pump, Jodhpur Through Its Proprietor Dharmaram S/o
Shri Khartaram, Aged About 33 Years, R/o Mundano Ki Dhaniya,
Purkhawas, Tehsil Luni, District Jodhpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
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----Respondents
S.B. Civil Writ Petition No. 5443/2021
Sriram Stone Art, Opposite Thar Dry Port, Pal Dps Circle To Bo-
ranada Pump, Jodhpur Through Its Proprietor Narpat Ram S/o
Shri Khartaram, Aged About 29 Years, R/o Chichadali, Tehsil
Luni, District Jodhpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The Gov-
ernment, Urban Development Department, Government
Of Rajasthan, Secretariat, Jaipur.
2. Jodhpur Development Authority, Jodhpur Through Its
Commissioner.
3. Authorized Officer - Cum - Deputy Commissioner (West),
Jodhpur Development Authority, Jodhpur.
4. Tehsildar (West), Jodhpur Development Authority, Jodh-
pur.
----Respondents
For Petitioner(s) : Mr. Mukesh Rajpurohit
For Respondent(s) : Mr. DS Rajvi
HON'BLE DR. JUSTICE NUPUR BHATI
Order 17/04/2023
1. All these writ petitions involves common/identical issue for adjudication by this Court, thus, are being decided by a common order.
2. These writ petitions have been filed in sum and substance for the following reliefs :-
"(i) by an appropriate writ, order or direction, impugned Order dated 07.10.2020 (Annx.3) issued by the respondent No. 3 Authorized Officer - cum Deputy Commissioner (West). Jodhpur Development Authority, Jodhpur as well as Notice dated 13.02.2020 (Annx 2) (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (9 of 29) [CW-1524/2021] issued by the respondent No. 4 Tehsildar (West), Jodhpur Develop-
ment Authority, Jodhpur as also entire proceedings as carried out pursuant thereto, may kindly be declared illegal and accordingly, be quashed and set aside.
(ii) by an appropriate writ, order or direction, the respondent au- thorities may kindly be directed to consider the application for change of land use submitted by the petitioner-firm and accordingly. grant necessary permission to this effect in favour of the petitioner - firm after depositing the necessary charges forthwith.
(iii) by an appropriate writ, order or direction, the respondent au- thorities may also kindly be directed to allow the petitioner-firm to carry out its business / operate the stone cutter unit on the plot in question forthwith and not to take any coercive action against the pe- titioner-firm in future as well.
(iv) Any other appropriate order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(v) Cost of the writ petition may also please be awarded in favour of the petitioner."
3. The petitioner-firm is engaged in the business of stone cutting.
4. The petitioner-firm has assailed validity and propriety of impugned order dated 07.10.2020 issued by the respondent no.3 directing seizure of stone cutter machine being used by the peti-
tioner-firm in pursuance of notice dated 13.02.2020 issued by the respondent no.4 on the ground that the same is being illegally and unauthorizedly used on residential/ agricultural land.
5. It has been asserted in the writ petition that without conducting any enquiry in accordance with law and without afford-
ing any opportunity of personal hearing and without considering reply to notice dated 13.02.2020, impugned order dated 07.10.2020 has been passed by the respondent no.3.
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6. It has been further stated in the writ petition that the peti-
tioner-firm has already applied for conversion/ change of land use and is ready to deposit necessary charges and the issue is pending consideration before the respondent-JDA.
7. Counsel for the petitioner contends that due permission for construction; installation of stone cutter machine has been taken by petitioner-firm and the stone cutter unit is established since long time.
8. He further contends that petitioner-firm had also applied for grant of necessary consent in order to establish industry, opera-
tion or process or any treatment and disposal system under Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 before the Rajasthan State Pollution Control Board, Jodhpur and requisite consent to establish industry has been ac-
corded by the competent authority. The petitioner-firm has also applied for grant of necessary VAT & GST registration before the competent authorities, pursuant to which, requisite VAT & GST registration certificate were also issued in favour of the petitioner-
firm by the concerned Authority.
9. Counsel for the petitioner further contends that electricity connection for commercial purpose was duly granted to the petitioner-firm. The petitioner-firm also moved application in pre-
scribed proforma before the respondent-JDA for conversion/ change of land use and the same is pending consideration.
10. Counsel for the petitioner contends that a complaint was filed on Rajasthan Sampark Web Portal on 31.12.2019 alleging illegal operation of stone cutter units on residential land and on the basis (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (11 of 29) [CW-1524/2021] of said complaint, respondent no.4 issued notice dated 13.02.2020 to the petitioner-firm. In the said notice dated 13.02.2020, it was stated that the petitioner-firm was carrying out unauthorized and illegal commercial activities on said land, which could not be carried on without changing land use. In the said notice, the peti-
tioner-firm was directed to submit all requisite documents relating to land use and sanction of competent Authority within a period of three days.
11. The petitioner-firm submitted a reply to the notice dated 13.02.2020. Thereafter, the respondent no.3 while invoking powers under Section 31 of the Jodhpur Development Authority Act, 2009 (hereinafter referred to as the 'Act of 2009') issued the impugned order dated 07.10.2020 directing for seizure of the stone cutter unit of the petitioner-firm on the ground that the same is being illegally and unauthorizedly made on residential/ agricultural land.
12. The petitioner being aggrieved of the same, has preferred the present writ petitions.
13. Learned counsel appearing for the petitioners submits that the petitioner-firm is operating on the said land since a long time and there was no objection ever raised by the competent Authori-
ties at any point of time and, therefore, the impugned order dated 07.10.2020 is unjust and arbitrary. He further submits that the petitioner-firm was not afforded opportunity of personal hearing before passing of impugned order dated 07.10.2020.
14. Counsel for the petitioner draws attention of this Court to Section 31 & 32 of Jodhpur Development Authority Act, 2009 (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (12 of 29) [CW-1524/2021] (hereinafter referred to as the 'Act of 2009'), which reads as fol-
lows :-
"31. Penalty for unauthorised development for use otherwise than in conformity with the Plan.- (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land :-
(a) without permission required under this Act; or
(b) which is not in accordance with any permission granted or in contra-
vention of any condition subject to which such permission has been granted ; or
(c) after the permission for development has been duly revoked; or
(d) in contravention of any permission which has been duly modified ; shall on conviction, be punished with fine which may extend to five thou- sand rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which the offence continues after conviction for the first commission of the offence. [Provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than fifteen days.] (2) Any person who continues to use or allows the use of any land or build- ing in contravention of the provisions of a Plan without being allowed to do so under section 17 or where the continuance of such use has been al- lowed under that section continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall, on conviction be punished with fine which may extend to two thousand rupees; and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. [Provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than fifteen days.]"
"32. Power to require removal of un-authorised development.-
(1) Where any development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this section, within ten years of such development, serve on the owner a notice requiring him, within such period being not exceeding one month, (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (13 of 29) [CW-1524/2021] as may be specified therein after the service of the notice, to take such steps as may be specified in the notice:-
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 31 to restore the land to its condition existing before the said development took place ;
(b) in cases specified in clause (b) or (d) of sub-section (1) of section 31 to secure compliance with the conditions or with the permission as modified :
Provided that, where the notice requires the discontinuance of any use of land the Authority shall serve a notice on the occupier also. (2) In particular, such notice may, for purposes of subsection (1), require :-
(a) the demolition or alteration of any building or works;
(b) the carrying out on land of any building or other operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner determined by regulations, apply for per-
mission under section 17 for retention on the land, of any building or works or for the continuance of any use of the land, to which the notice re- lates and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.
(4) The foregoing provisions of this Chapter shall, so far as may be appli- cable, apply to an application made under sub-section (3). (5) If the permission applied for is granted, the notice shall stand with- drawn; but if the permission applied for is not granted, the notice shall stand; or if such permission is granted for the retention only of some build- ings; or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the 134 land, as the case may be; and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land. (6) If within the period specified in the notice or within the same period af- ter the disposal of the application under sub-section (4), the notice or so much of it as stands in not complied with, the Authority may :-
(a) prosecute the owner for not complying with the notice and where the notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and
(b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (14 of 29) [CW-1524/2021] and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operation; and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall, on con-
viction, be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence, with a further fine which may ex- tend to five hundred rupees for every day during which such offence con- tinues after conviction for the first commission of the offence. [Provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than fifteen days.]"
15. Counsel for the petitioner submits that the concerned Authority has power under Section 31 of the Act of 2009 by giving relaxation and penalizing the concerned person for the unautho-
rized development or use otherwise then in conformity with the master-plan and, therefore, the respondent Authorities could have imposed penalty upon the petitioner and should have permitted them to continue with use of stone cutter machine on the said land.
16. Per contra, counsel for the respondent submits that the peti-
tioner-firm installed stone cutter machine on the said land without getting the same converted into commercial / industrial purpose from residential use and for this reason the respondent no.3 issued notice dated 13.02.2020 to the petitioner-firm.
17. Counsel for the respondent further submits that despite the fact that notice was issued to the petitioner, the petitioner-firm did not submit any document to satisfy that they had duly applied for conversion of land and the conversion of land had taken place.
(Downloaded on 18/04/2023 at 10:12:18 PM)[2023/RJJD/010215] (15 of 29) [CW-1524/2021] He, however, submits that the application submitted by the peti-
tioner-firm is in regards to conversion/ change of land use before JDA, however, the said application was filed after issuance of impugned order dated 07.10.2020 by the respondent no.3 and, therefore, such application is not maintainable.
18. Counsel for the respondent further submits that the land be-
ing utilized by the petitioner-firm for installation of stone cutter machine is residential land as earmarked in master-plan and, therefore, the said land could be utilized only for residential pur-
pose and cannot be converted from residential to commercial use.
He further places reliance upon the judgment passed by Hon'ble Division Bench of this Court in Gulab Kothari, Editor, Rajasthan Patrika, Jaipur Vs. State of Rajasthan, reported in 2017(1) WLC (Raj.) 562 and draws attention of this Court to para 48, 49, 50, 51 & 52, which reads as follows :
48. Master Development Plan is prepared with an objective to ensure systematic and planned development of a city and adjoining areas with a view to protect the residents from ill-effects of urbanisation as also to create sustainable physical and social environment for improving their quality of life. It lays down the planning, guidelines, policies, develop-
ment code, space requirement for various socio economic activities sup- porting the city population during the plan period. As a matter of fact, Master Development Plan translates community values, decisions and vi- sions into land use and development principles which can guide the fu- ture growth of community and decision making for planning authorities and implementation thereof by local authorities.
49. Indisputably, the process of planned development of the cities and towns in the State of Rajasthan began with the enactment of UIT Act, which came into force w.e.f. July 24, 1959. Later, keeping in view the fact that the Jaipur City and the areas contiguous to it are being progres- sively developed and populated, it was felt necessary for forming these areas into Jaipur Region and for setting up an Authority for the purpose (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (16 of 29) [CW-1524/2021] of planning, coordinating and supervising the proper, orderly and rapid development of these areas as also to provide that such Authority be en- able either itself or through other authority to formulate and execute plans, projects and schemes, the State Legislature enacted the Act No.25 of 1982. In the same line, for the parity of reasons, the Act No.2 of 2009 was enacted for planned and rapid development of Jodhpur Region con- sisting of Jodhpur City and certain contiguous areas and thereafter, Ajmer Development Authority Act, 2013 ('Act No.39 of 2013') has been enacted for planned development of Ajmer, Kishangarh, Pushkar City and areas contiguous thereto. The preparation and operation of the Master Devel- opment Plan and Zonal Development Plan, for the various cities of the State of Rajasthan except Jaipur Jodhpur, Ajmer, Kishangarh, Pushkar City & areas contiguous thereto and such areas which are governed by UIT Act, urban development and town planning in the cities and towns within the municipal area thereof, now, the Act No.18 of 2009, which has come into force w.e.f. 15th September, 2009 after repealing of Rajasthan Municipalities Act, 1959, incorporates specific chapter i.e. Chapter XI.
50. In order to appreciate the statutory object and purpose behind prepa- ration of the Master Development Plan, its basic characteristic and the ambit & scope of its modification during the operative period of the plan, it would be appropriate to refer to the various provisions contained in UIT Act, the Act No. 25 of 1982, the Act No.2 of 2009, the Act No.39 of 2013 and Act No.18 of 2009.
51. The provisions of the Act No.2 of 2009 and Act No.39 of 2013, rele- vant for the consideration of the questions arising in the matter, are pari materia to the provisions of Act No.25 of 1982 and therefore, the same are not being referred to and dealt with separately.
52. The various provisions of the UIT Act, the Act No.25 of 1982 and the Act No.18 of 2009, germane to the issues arising for consideration of this court may be beneficially quoted :
UIT ACT "3. Power of State Government to order preparation of master plan-
(1) The State Government may, by order, direct that in respect of and for any urban area in the State specified in the order, a civil survey shall be carried out and a master plan shall be prepared, by such officer or author-
ity as the State Government may appoint for the purpose.
(Downloaded on 18/04/2023 at 10:12:18 PM)[2023/RJJD/010215] (17 of 29) [CW-1524/2021] (2) For the purpose of advising the officer or authority appointed under sub-section (1) on the preparation of the master plan, the State Govern- ment may constitute an advisory council consisting of a Chairman and such number of other members as the State Government may deem fit.
4. Contents of master plan-The master plan shall-
(a) define the various zones into which the urban area for which the plan has been prepared may be divided for the purposes of its improvement and indicate the manner in which the land in each zone is proposed to be used, and
(b) serve as basic pattern of frame work within which the improvement schemes of the various zones may be prepared.
5. Procedure to be followed-
(1) Before preparing any master plan officially the officer or authority appointed to prepare it shall public a draft of the master plan by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf invit- ing objections and suggestions from every person with respect to the draft master plan before such date as may be specified in the notice. (2) Such officer or authority shall also give reasonable opportunity to ev- ery local authority within whose local limits any land touched by the master plan is situated to make any representations with respect to the master plan.
(3) After considering all objections, suggestions and representations that may have been received, such officer or authority shall finally prepare the master plan.
(4) Provisions may be made by rules made in this behalf with respect to the form and contents of a master plan and with respect to the procedure to be followed and any other matter in connection with the preparation of the master plan.
6. Submission of master plan to Government-
(1) Every master plan shall, as soon as may be after its preparation, be submitted to the State Government for approval in the prescribed manner. (2) The State Government may direct the officer or authority appointed for the preparation of a master plan to furnish such information as it may require for the purpose of approving any master plan submitted to it un- der this section.
(3) The State Government may either approve the master plan without modifications or with such modifications as it may consider necessary or reject it with directions for the preparation of a fresh master plan.
7. Date of operation of master plan- Immediately after a master plan has been approved by the State Government, it shall publish in the pre-
(Downloaded on 18/04/2023 at 10:12:18 PM)[2023/RJJD/010215] (18 of 29) [CW-1524/2021] scribed manner a notice stating that the master plan has been approved and naming a place where a copy of the same may be inspected during officer hours; and upon the date of the first publication of the aforesaid notice the master plan shall come into operation.
8. Establishment and incorporation of Trusts- (1) The State Govern- ment may, by notification in the official Gazette, establish, for the pur- pose of carrying out improvement of any urban area in the State, whether a master plan in respect thereof has or has not been prepared, a Board of Trustees to be called the Improvement Trust of the place where its princi- pal office is shifted, hereinafter called 'the Trust'. (2) Every such Trust shall be a body corporate by the aforesaid name having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to con- tract and shall by the said name sue and be sued.
....xxxxx.......xxxx
31. Scheme to conform to master plan- (1) If for and in respect of the urban area for which the Trust is constituted a master plan has been pre- pared and approved and is in operation, every scheme framed by the Trust in accordance with the provisions of this Chapter shall conform to such master plan and shall not be framed so as to affect an alteration in the different zones defined by the master plan.
....xxxxx.......
73.B. Restriction on change of use of land and power of State Gov- ernment to allow change in the use of land.- (1) Notwithstanding any- thing contained in section 72 or 73A,-
(i) no person shall use or permit the use of any land situated in any urban area notified under section 8, for the purpose other than that for which such land was originally allotted or sold to any person by the State Gov- ernment, any Urban Improvement Trust, any other local authority or any other body or authority in accordance with any law for the time being in force or, otherwise than as specified under a Master Plan, wherever it is in operation;
(ii) In the case of any land not allotted or sold as aforesaid and not cov- ered under clause (i), no person shall use or permit the use of any such land situated in a Urban Area notified under section 8, for the purpose other than that for which such land-use was or is permissible, in accor- dance with the Master Plan, wherever it is in operation, or under any law for the time being in force.
(2) Notwithstanding anything contained in subsection(1), the State Gov- ernment or any authority by it, by notification in the Official Gazette, may allow the owner or holder of any such land, to have change of use (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (19 of 29) [CW-1524/2021] thereof, it it is satisfied so to do in public interest, on payment of conver- sion charges at such rates and in such manner as may be prescribed with respect to the following changes in use:- (i) from residential to commer- cial or any other purpose;or
(ii) from commercial to any other purpose; or
(iii) from industrial to commercial or any other purpose; or
(iv) from cinema to commercial or any other purpose; or
(v) from any existing permissible use of land to any other purposes, as the State Government may prescribe:
Provided that rates of conversion charges may be different for different areas and for different purposes (3) Any person who has already changed the use of land in violation of the provisions of this Act in force at the time of change of use, shall ap-
ply to the State Government or any authority authorised by it under sub- section (2), within such period as maya be prescribed, for regularisation of said use and upon regularisation of the change of use of land, he shall deposit the amount contemplated under sub-section (2). (4) Where the State Government or the authority authorised by it is satis- fied that a person who ought to have applied for permission or regularisa- tion under this section, has not applied and that such permission can be granted or the use of land can be regularised, it may proceed to determine the conversion charges after due notice and hearing the party/parties and the changes so determined shall be come due to the Urban Improvement Trust and be recoverable under subsection (6).
(5) The conversion charges so realised shall be credited to fund of the Urban Improvement Trust. (6) Changes under this section shall be the first charge on the interest of the person liable to pay such charges with respect to the land, the use of which has been changed and shall be re- coverable as arrears of land revenue.
Jaipur Development Authority Act (Act No.25 OF 1982) "16. Functions of the Authority.- The main object of the Authority shall be to secure the integrated development of the Jaipur Region and for that purpose the functions of the Authority shall be :-
(a) urban planning including the preparing of Master Development Plan and Zonal Development Plans and carrying out surveys for the purpose and also making alterations therein as may be deemed necessary;
(b) formulation and sanction of the projects and schemes for the develop- ment of the Jaipur Region or any part thereof;
(c) execution of projects and schemes directly by itself or through a local authority or any other agency;(Downloaded on 18/04/2023 at 10:12:18 PM)
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(d) to make recommendations to the State Government on any matter or proposal requiring action by the State Government, Central Government, any local authority or any other authority for overall development of the Jaipur Region;
(e) participation with any other authority for the development of the Jaipur Region;
(f) co-ordinating execution of projects or schemes for the development of the Jaipur Region;
(g) supervision or otherwise ensuring adequate supervision over the plan-
ning and execution of any project or scheme, the expenses of which, in whole or in part are to be met from the Jaipur Region Development Fund;
(h) preparing schemes and advising the concerned authorities depart- ments and agencies in formulating and undertaking schemes for develop- ment of agriculture, horticulture, floriculture, forestry, dairy develop- ment, transport, communication, schooling, cultural activities, sports, medicare, tourism entertainment and similar other activities;
(i) execution of projects and schemes on the directions of the State Gov- ernment undertaking housing activity in Jaipur Region, provided that the delin- eation of responsibility for housing between Rajasthan Housing Board and the Authority will be made by State Government effective from the date to be fixed by it;
(k) to acquire, hold, manage and dispose of property, movable or immov- able, as it may deem necessary;
(l) to enter into contracts, agreements or arrangements with any person or organisation as the Authority may deemed necessary for performing its functions;
(m) to prepare Master Plan for traffic control and management, devise policy and programme of action for smooth flow of traffic and matters connected therewith;
(n) to perform functions designated by the State Government in the areas of urban renewal, environment and ecology, transport and communica- tion,, water energy resource management directly or through its Func- tional Boards or other departments/agencies as the State Government may specify;
(o) regulating the posting of bills, advertisement hoardings, signpost, and name boards in Jaipur Region or in any part thereof as specified by the Authority;
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(p) regulating the erection or re-erection of buildings and projections, making material alterations therein and providing for open spaces in Jaipur Region or any part thereof as specified by the Authority;
(q) removing obstructions and encroachments upon public streets, open spaces and properties vesting in the Government or the Authority;
(r) to do all such other acts and things which may be necessary for or in- cidental or conducive to, any matters which arise on account of its activ- ity and which are necessary for furtherance of the objects for which the Authority is established; and
(s) to perform any other functions that the State Government may desig- nate in furtherance of the objectives of this Act; ....xxxxx.....xxx
21. Civil Survey and preparation of Master Development Plan.- (1) The Authority with a view to securing planned integrated develop- ment and use of land, shall carryout a civic survey of and prepare a Mas- ter Development Plan for Jaipur Region.
(2) The Master Development Plan shall precisely define the quality of life that a citizen of Jaipur Region could desirably be expected to lead in
(i) medium range perspective of the year 1991 AD, (ii) long term per- spective of the year 2001 AD and thereafter, and (iii) such other interme- diate stages, as the State Government may direct, balanced and time tar- geted development to subserve the needs of the growing city of Jaipur and other areas of Jaipur Region, the net work of public utilities, civil amenities, community facilities, housing, communications and transport, the projects or schemes for conservation and development of natural re- sources and such other matters as are likely to have a bearing on the inte- grated development of the Jaipur Region and in particular may provide for-
(i) transport and communications such as roads, high-ways, railways, canals, international air ports, air cargo-complexes and bus-service, including their develop- ment;
(ii) water supply, drainage, sewarage, sewage disposal and other public utilities, amenities and services, including electricity and gas;
(iii) preservation, conservation and development of areas of natural scenery, city forests, wild life, natural resources and landscaping;
(iv) preservation of objects, features, structures or places of historical, natural, architectural or scientific interest and educational value;
(v) prevention of erosion, provision for afforestation or re-forestation, improvement of water front areas, rivers, nallahs, lakes and tanks;
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(vi) irrigation, water supply of hydro-electric works, flood control and prevention of water and air pollution;
(vii) educational and medical facilities;
(viii)district business centres, other shopping complexes, export oriented industrial areas and clearing houses, permanent exhibition centres, cattle fairs and markets;
(ix) games and sports complexes worthy of holding international events;
(x) amusement parks including disney land, style complexes safari parks and other gardens and parks, picnic centres and day amusement including artificial lakes and water reservoirs;
(xi) cultural complexes including theaters, cinemas, rangmanch, studios, recreation centres, conference hall complexes, concert halls, town halls and auditoria
(xii) tourist complexes including hotels and motels, car hiring servicer, organised tours and treks; (xiii)development of satellite towns in Jaipur Region and their appropriate integration with the City of Jaipur including development of new townships;
(xiv)allocation of land for different uses, general distribution and general location of land and the extent t which the land may be used as residen- tial, commercial, industrial, agricultural, or as forests or for mineral ex- ploitation or for other purposes;
(xv) reservation of areas for open spaces, gardens, recreation centres, zo- ological gardens, nature-reserves, animal sanctuaries, dairies and health resorts and other purposes;
(xvi)the relocation of the population or industry from over populated and industrially congested areas and indicating the density of population or the concentration of industry to be allowed in any area of Jaipur Region; (xvii) housing including rural housing;
(xviii) filling up or reclamation of low lying, swampy or un-healthy areas or levelling up of lands; (xix)re-development and improvement of exist- ing built-up areas; (xx) planning standards and zoning regulations for dif- ferent zones including development of 'abadi'; and (xxi)planning for Jaipur Region for management or urban growth and all matters con- nected therewith and other matters as are consistent with the object of this Act.
(3) The Master Development Plan may also define the various zones into which the Jaipur Region shall be divided for the purposes of develop- ment and indicate the manner in which the development is to be carried out and the land in each zone is proposed to be used (whether by the car- rying out therein development or otherwise) and the stages by which any such development shall be carried out and shall serve as a basic pattern (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (23 of 29) [CW-1524/2021] of frame-work within which the Zonal Development Plans of the various zones may be prepared: Provided that the Authority may, if so considers necessary in the public interest after the area of any zone.
22. Zonal Development Plan- (1) Simultaneously with the preparation of the Master Development Plan or as soon as may be thereafter, the Au- thority shall proceed with the preparation of a Zonal Development Plan for each of the Zone into which the Jaipur Region may be divided. (2) A Zonal Development Plan may-
(a) contain the provision for the developmental activities to be carried out as mentioned in sub section (2) of section 21;
(b) contain a site-plan for the development of the zone and show the ap- proximate locations and extents of land uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals, public and private open spaces and other categories of public and private uses;
(c) specify the standards of population density and building density show every area in the zone which may, in the opinion of the Authority, by re- quired or declared for development or redevelopment; and
(e) in particular, contain provisions regarding all or any of the following matters, namely:
(i) the division of any site into plots for the erection of buildings;
(ii) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
(iii) the development of any area into a township or colony and the re-
strictions and conditions subject to which such development may be un- dertaken or carried out;
(iv) the erection of buildings on any site and the restrictions and condi- tions in regard to the open spaces to be maintained in or around buildings and height and character of buildings;
(v) the alignment of buildings on any site;
(vi) the architectural features of the elevation or frontage of any building to be erected on any site; (vii) the number of residential buildings which may be erected on any plot or site;
(viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be pro- vided;
(ix) the prohibitions or restrictions regarding erection of shops, work- shops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular, purposes in the locality;
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(x) the maintenance of walls, fences, hedges or any other structural or ar- chitectural construction and the height at which they shall be maintained;
(xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.
23.Procedure to be followed in the preparation and sanction of Plans-
(1) Before preparing any Plan finally the Authority shall prepare a Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be determined by regulations inviting objections and suggestions from any person with respect to the draft Plan before such date as may be specified in the no- tice.
(2) The Authority shall also give reasonable opportunity to every local authority within whose local limits any land touched by the Plan is situ- ated, to make any representation with respect to the Plan. (3) After con- sidering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally sanction the Plan.
(4) Provisions may be made by regulations with respect to the form and content of a Plan and with respect to the procedure to be followed and any other matter, in connection with the preparation and sanction of such plan.
(5) Notwithstanding anything contained in subsection (1) to (4), the pro- cedure as laid down in the said sub-sections shall not be required to be followed in case the development of any project or scheme or any im- provement thereof, in any zone is to be carried out on any land vested in the Authority.
25.Subsequent modification of Plans-(1) At any time after a Plan has come into operation according to provisions of section 24, the Authority may make any modification to the Plan as it thinks fit, the modifications, which in its opinion, do not affect material alterations in the character of the plan and which do not relate to the extent of land uses or the stan- dards of population density.
(2) The Authority with the approval of the State Government may make any other modifications into the plan in order to promote Planned devel- opment of any part of the Jaipur Region in more efficient manner. (2-a) The Authority or the Nagar Nigam, Jaipur, or any other body or Commit- tee, as may be authorised by the State Government in this behalf, may, in (Downloaded on 18/04/2023 at 10:12:18 PM) [2023/RJJD/010215] (25 of 29) [CW-1524/2021] order to promote planned development of any part of the Jaipur Region in more efficient manner, make such modifications in land use of the Plan for such area, as may be specified by the State Government by notification in the Official Gazette. (3) Before making any modification to the Plan, Authority, (Nagar Nigam, or any other body or Committee) shall publish a notice, in such form and manner as may be determined by regulation inviting objection before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority, Nagar Nigam, Jaipur or any other body or Committee.
(4) Every modification made under the provisions of this section shall be published and the modification shall come into operation either on the date of publication or on such date as the Authority (Nagar Nigam, Jaipur or any other body or Committee) may fix by notice published in the offi- cial Gazette whereupon the modified plan shall come into operation to all intents and for all purposes of this Act.
...xxxx......xxx
28.Review of Plan- Notwithstanding anything contained in this Act, if the State Government or the Authority at any time within ten years from the date on which a Plan comes into operation under this act is of the opinion that the revision of such Plan is necessary, the State Government may direct the Authority to revise or the Authority, may of its own mo- tion undertaken, revision of, such Plan, after carrying out, if necessary fresh civic survey and preparing an existing land use map of the Jaipur Region and the reupon the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of such Plan as those provisions apply in relation to the preparation, publication and sanction of a Plan.
Rajasthan Municipalities Act, 2009 (the Act No.18 of 2009)
160. Procedure to be followed in the preparation and sanction of Plan.- (1) Before preparing any plan finally the Municipality shall pre- pare a Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be determined by bye-laws inviting objections and suggestions from any person with respect to the draft Plan before such date as may be specified in the notice.
(2) The Municipality may, if it considers appropriate, constitute an Advi- sory Committee consisting of the following to consider the draft plan be- fore it is given a final shape:-
(i) All members of the Municipality;(Downloaded on 18/04/2023 at 10:12:18 PM)
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(ii) Representatives of associations of industry, commerce and trade and professions;
(iii) Six representatives from academic institutions located in the city:
(iv) Six representatives from prominent Non-Government-Organizations located in the city; and (v)Six any other prominent citizens of the city. (3) After considering all objections, suggestions, representations and rec-
ommendations of the advisory committee, if any, the Municipality shall send the Plan to the State Government for approval and after receipt of the approval of the State Government finally sanction the Plan. (4) Provisions may be made by bye-laws with respect to the form and content of a Plan and with respect to the procedure to be followed and any other matter, in connection with the preparation and sanction of such Plan.
...........xxxxxx............
162. Subsequent modification of Plans.- (1) At any time after a Plan has come into operation according to provisions of section 161, the Muncipality may, with the prior approval of the State Government, make any modification to the Plan as it thinks fit, the modifications, which in its opinion, do not affect material alterations in the character of the Plan and which do not relate to the extent of land uses or the standards of pop- ulation density.
(2) Before making any modification to the Plan, the Municipality shall publish a notice, inviting objections before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Municipality.
(3) Every modification made under the provisions of this section shall be published and the modification shall come into operation either on the date of publication or on such date as the Municipality may fix by notice published in the Official Gazette whereupon the modified Plan shall come into operation to all intents and for all purposes of this Act. (4) Upon coming into operation of any modified Plan, any reference in any other section, except in the foregoing sections of this Chapter, to the Master Development Plan or any other plan, shall be construed as a refer- ence to the Master Development Plan or, as the case may be other plan, as modified under the provisions of this section. (5) No modification of the Plan shall be made under this section until and unless it is finally approved by the State Government. .....xxxxxx.........
164. Plans prepared prior to this Act deemed to have been prepared under this Act.- Any Master Development Plan prepared under the pro- visions of any other law for the time being in force prior to the com-
(Downloaded on 18/04/2023 at 10:12:18 PM)[2023/RJJD/010215] (27 of 29) [CW-1524/2021] mencement of this Act, shall be deemed to have been prepared under the provision of this Act, to which the provisions of the foregoing sections relating to the sanction, modification and operation of Master Plan/Mas- ter Development Plan shall mutatis mutandis apply: Provided that any Master Development Plan sanctioned for the Municipality under any other provisions of law shall cease to operate as soon as a Plan is sanc- tioned under the provisions of this Act.
165. Review of Plan.- Notwithstanding anything contained in this Act, if the State Government or the Municipality at any time within ten years from the date on which a Plan comes into operation under this Act is of the opinion that the revision of such Plan is necessary, the State Govern- ment may direct the Municipality to revise or the Municipality may of its own motion undertake revision of such Plan after carrying out, if neces- sary, fresh civic survey and preparing an existing land use map and there- upon the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of such Plan as those provisions apply in relation to the preparation, publication and sanction of a Plan.
166. Declaration of Development Areas.- (1) As soon as may be after a plan comes into operation as provided in section 161, the Municipality may, with the approval of the State Government and by notification in the Official Gazette, declare any area in the city to be a development area for the purpose of this Act.
(2) On or after the date on which notification under sub-section (1) is published in the Official Gazette, no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Municipality: Provided that, no such permission shall be necessary-
(i) for carrying out works for the maintenance, improvement or other al- teration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof;
(ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force;
(iii) the carrying out of works by the Municipality in exercise of its pow- ers under any law for the time being in force;
(iv) for the carrying out by the Central or the State Government or any local authority of any works- (a)required for the maintenance or im- provement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street; and (b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus;
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(v) for the excavation (including wells) made in the ordinary course of agricultural operation;
(vi) for the construction of a road intended to give access to land solely for agricultural purposes; (vii) for normal use of land which has been used temporarily for other purposes; and
(viii) in case of land, normally used for one purpose and occasion- ally used for any other purpose, for the use of land for that other purpose on occasion. "
19. Counsel for the petitioner is not in a position to dispute that the land in-question is earmarked in the master-plan as residen-
tial land, however, submits that after passing of impugned order dated 07.10.2020, the petitioner-firm has preferred an application before the Jodhpur Development Authority, Jodhpur for conversion of land use from residential use to commercial use.
20. Counsel for the respondent vehemently opposes the submissions so made by counsel for the petitioner and submits that once the land in-question is earmarked as residential land in the master-plan, then the said land cannot be converted from residential use to commercial use.
21. This Court after hearing counsel for the parties; perusing the material available on record; facts and circumstances of the case as well as taking into consideration the judgment of Gulab Kothari (supra), is of the opinion that no deviation from the norms laid down under the building by-laws can be permitted.
22. This Court observes that once the land in-question has been earmarked for residential purpose in the master plan, then the pe-
titioner-firm, which has illegally and unauthorizedly installed stone cutter machine on the land in-question, could not have utilized the land for commercial activities.
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23. In light of the aforesaid observations, this Court does not find any merit in these writ petition and, therefore, the same are dismissed. All stay applications also stands dismissed accordingly.
24. At this juncture, counsel for the petitioner prays that the petitioner-firm is operating on the land in-question since long time, therefore, they require some time to shift the stone cutter machines to an appropriate place.
25. Counsel for the petitioner is granted four month's time from today to remove the stone cutter machines, all equipment at-
tached from the land in-question.
26. Upon the said request, this Court deems it appropriate to grant the petitioner-firm four month's time to remove the stone cutter machine from the land in-question preferably on or before 31.08.2023. In case, the petitioner-firm fails to remove the stone cutter machine and all other unauthorized installations and does not stop commercial activities from the land in-question on or be-
fore 31.08.2023, then the respondents shall be at liberty to take appropriate action against the petitioner-firm in accordance with law.
(DR.NUPUR BHATI),J 49-64 Sanjay/-
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