Rajasthan High Court - Jaipur
Dadudayal Nagar/Patel Nagar Vikas ... vs State Of Rajasthan on 25 July, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 6154/2019
Dadudayal Nagar/Patel Nagar Vikas Samiti
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Shri Suresh Pareek, Sr. Advocate assisted by Shri Gajendra Singh For Respondent(s) : Shri S.C. Gupta, Shri Rajpal Choudhary, Shri Sudesh Bansal, Shri Sarthak Gupta on behalf of Shri Sandeep Sharma, Shri Mehul Harkawat on bhealf of Anil Mehta, AAG HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 25/07/2019 Application no.2/4.7.19 has been filed for impleadment of applicant-Mohit Singh as party respondent. It is contended that the relief has also been claimed against plot no.B-93, Dadudayal Nagar of the applicant and Court has passed the status quo order regarding four plots including his plot also on 12.4.2019.
The application is allowed. The applicant-Mohit Singh is impleaded as party respondent no.10. Amended cause title is already filed, which be taken on record.
The allegation of the petitioner is that the respondents nos.6 to 10 have raised construction contrary to JDA Jaipur Region (Building Regulations), 2010 and amended Regulations 2012 with regard to height of the building on the available width of the road in question, setback area, parking area, public road/footpath and (Downloaded on 01/09/2019 at 09:03:44 PM) (2 of 3) [CW-6154/2019] they have even dug bore-wells without due permission. Even though permission was for constructing 6 flats, but they have built much more than that and in some cases, even upto 17 flats.
Shri Shri Sarthak Gupta on behalf of Shri Sandeep Sharma, learned counsel for the JDA submits that they have already served notice on private respondents under Section 32 and 33 of the JDA Act with regard to impermissible/unauthorised constructions.
Learned counsels for the private respondents have submitted that the application for vacation of stay be allowed and the interim order dated 12.04.2019 passed by this Court be vacated.
Before proceeding to hear the petition on merits and the application for vacation of stay order, we deem it appropriate to direct the Deputy Commissioner Zone No.8, Jaipur Development Authority to inspect the constructions made on the plot nos.173 and 260 in Patel Nagar and plot nos.B-59 and B-93 in Dadudayal Nagar, Jaipur, in particular about five parameters viz. (i) height,
(ii) construction in the setback area, (iii) construction in the parking area, (iv) construction on public road/footpath, (v) digging of the bore-well without permission. The copy of the report shall be provided to the learned counsel for the different parties. Inspection of the construction raised on plot no.B-41 of the petitioner and plot nos. A-82 and A-83 in Dadudayal Nagar, Jaipur shall also be carried out.
It is alleged that despite specific order passed by this court, the construction is still being carried out contrary to the status quo order dated 12.4.2019 passed by this court. The Deputy Commissioner concern shall ensure faithful compliance of order of this Court.
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(3 of 3) [CW-6154/2019] In the meantime, learned counsel for respondent-JDA shall provide copy of their reply to the counsel for the private respondent nos.6 to 10 as well.
List on 26.8.2019. Interim order to continue. A copy of this order be provided to Shri Sarthak Gupta on behalf of Shri Sandeep Sharma, learned counsel for JDA on onward transmission and compliance.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J RAVI SHARMA /31 (Downloaded on 01/09/2019 at 09:03:44 PM) Powered by TCPDF (www.tcpdf.org)