Rajasthan High Court - Jaipur
Vishnu Kumar Taylor S/O Jagdish Prasad ... vs The State Of Rajasthan on 9 November, 2022
Bench: Pankaj Mithal, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 6013/2021
Vishnu Kumar Taylor
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Vimal Chand Chaudhary Advocate with Mr. Yogesh Kumar Tailor Advocate.
For Respondent(s) : Mr. Amit Kuri Advocate.
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 09/11/2022 Heard Shri Vimal Choudhary, learned counsel for the petitioner and Shri Amik Kuri, learned counsel appearing for the Jaipur Development Authority.
The petitioner through medium of this writ petition, which is in the nature of public interest has prayed for several reliefs such as:-
"a) To pass an appropriate order or direction to respondent no.1 and 2 for regularization of the James Colony established in Khasra no.186/3, 199/1 and 204/2.
b) To pass an appropriate order or direction to respondent no.1 and 2 to implement the order dated 24.02.2009 passed by the JDA Appellate Tribunal for regularization.
c) To pass an appropriate order or direction to respondent no.1 and 2 for demolishing the illegal encroachments and unauthorized construction on the government land from Amanisha Nala to the main 200' Feet Width Road via Mandir Mod to the Sikar Road (State Highway) and in Khasra no.180, 183, 186/3, 184 and to also restore the original status of the road.
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(2 of 5) [CW-6013/2021]
d) To pass an appropriate order or direction to respondent no.1 and 2 for removal of the Kacchi Basti named Bapu Basti which has been established on the Government land at the water flow area near the bank of Amanisha Nala and also rehabilitate the occupiers/encroachers.
e) To pass an appropriate order or direction to respondent no.1 and 2 to demolish the illegal shops constructed on plot no. 48A and 46A/52A by Shri Dana Ram Choudhary and Shri Ram Choudhary respectively which falls on the vacant government land.
f) To issue directions to respondent no.1 and 2 to register the criminal case against the encroachers Shri Dana Ram Choudhary and Shri Ram Choudhary for preparing forged documents of plot no. 48A and 46A/52A which falls on the government land and also recover the amount earned by the encroachers from their tenants.
g) To pass an appropriate order or direction to respondent no.1 and 2 to remove and demolish the illegal encroachments on the government land who have occupied about 560 sq. meters in Khasra No.186/3 by way of constructing boundary wall around the said land and in Khasra No.183 by constructing a room and placing tent in the marriage garden Shivam Palace.
h) To issue directions to the respondents 3 and 4 to cancel the liquor license issued on plot no. 48A and 46A/52A which falls on the government land.
i) To issue directions to the respondents to initiate the inquiry against the defaulting officers who have permitted and allowed the liquor licenses to the tenants of plot no. 48A and 46A/52A.
j) To issue directions to respondent no.1 and 2 to constitute an independent agency to deal with such encroachments and illegal constructions for taking immediate actions within twenty four hours from the receipt of the complaints.
Any other appropriate order or direction with the Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner"
Learned counsel for the petitioner, at the outset, submits that he does not want to press relief a & b.
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(3 of 5) [CW-6013/2021] In view of the above, the only relief that survives in the writ petition is for a direction upon respondents No.1 & 2, i.e., the State of Rajasthan and the Jaipur Development Authority to remove all illegal encroachments and unauthorised constructions from the government land and for demolition of the same.
The petitioner wants the said relief in respect of the government land from Amanisha Nala to the main 200' Feet Width Road via Mandir Mod to the Sikar Road, from Khasra Nos.180, 183, 186/3 and 184, from Kacchi Basti named Bapu Basti as well as from plot No. 48A, 46A/52A and from government land about 156 sq. meters of Khasra No.186/3 and Khasra No.183.
The averments made in the writ petition reveals that the petitioner himself is involved in certain encroachments and illegal constructions, which fact is admitted in paragraphs 40 to 43 onwards of the writ petition wherein, it has been stated by the petitioner that his family members are being harassed for the last several years with complaints of encroachments and that they have been issued several notices one after the other on frivolous complaint. It also appears that the petitioner has submitted reply to such notices and the proceedings are pending consideration.
In view of the aforesaid facts and circumstances, the petitioner himself appears to be a violator of the law, who has been allegedly encroached upon public land and has raised illegal constructions. A person like the petitioner, who himself appears to be an encroacher, is not a deserving person to seek the relief of encroachment by the other persons.
Notwithstanding the above, as the Court has been informed that certain public lands as mentioned above, have been (Downloaded on 11/11/2022 at 09:25:21 PM) (4 of 5) [CW-6013/2021] encroached upon with illegal constructions, it becomes a bounden duty of this Court to ensure that all such public lands within the developed area of the Jaipur Development Authority are made encroachment free and illegal constructions thereon are demolished.
The Jaipur Development Authority and its Enforcement Directorate is the competent authority to take action with regard to all such encroachments and the illegal constructions, which have been raised without proper sanction of the building plan or in violation of the building plan.
Thus, we call upon the Jaipur Development Authority to take appropriate action in respect of all complaints with regard to the above lands mentioned in the writ petition and any other land within the developed area, wherein such encroachments and illegal constructions have been raised and to take effective steps to ensure that such encroachments are removed and the illegal constructions are also demolished. The Enforcement Directorate of the Jaipur Development Authority shall consider all such matters and shall report action taken by it on monthly basis to this Court by means of an affidavit. The Secretary, Jaipur Development Authority would file monthly report in this regard on his personnel affidavit by the 10th of each month.
The Jaipur Development Authority will first submit an action plan colony-wise as to how they propose to deal with the encroachments and the illegal constructions and then to submit the compliance report with regard to the action taken by them in respect of each of the colony.
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(5 of 5) [CW-6013/2021] The Jaipur Development Authority is further directed to create a special portal for the submission of the complaints regarding illegal occupancy of the public land and unauthorised constructions, so that the public at large may be able to make the complaints to it freely. A help line number may also be published on the website of the Jaipur Development Authority as well as in the daily news papers, if necessary, for the convenience of the citizens.
We expect that the Jaipur Development Authority would deal with all such complaints within a time bound period after holding necessary enquriy, as may be deemed fit and proper.
List in the 3rd week of December, 2022.
(ANOOP KUMAR DHAND),J (PANKAJ MITHAL),CJ N. Gandhi/34 (Downloaded on 11/11/2022 at 09:25:21 PM) Powered by TCPDF (www.tcpdf.org)