Rajasthan High Court - Jaipur
Vaishali Nagar C-Block Vikas Samiti vs Shri Kuldeep Ranka And Another on 9 April, 2018
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 486/2012
Vaishali Nagar C-Block Vikas Samiti, Jaipur through Swaraj
Sharma, Advocate, S/o Shri B.P. Sharma, aged 51 years, General
Secretary, Vaishali Nagar C-Block, Vikas Samiti, R/o C-314,
Ramkripa, Vaishali Nagar, Jaipur
----Petitioner
Versus
1.Shri Kuldeep Ranka, Commissioner, Jaipur Development
Authority, Indira Circle, JLN Marg, Jaipur (Raj.)
2. Shri Kunji Lal Meena, Chairman, Jaipur Vidhyut Vitran Nigam
Limited, Vidhyut Bhawan, Janpath
3. Shri Purushottam Agarwal, Principal Secretary, Public Health
Engineering Department, Government Secretariat, Janpath,
Jaipur
----Respondents-Contemnors
For Petitioner(s) : Mr. Swaraj Sharma For Respondent(s) : Mr. Amit Kuri Mr. Madhav Mitra Mr. K.S. Rawat HON'BLE MR. JUSTICE ALOK SHARMA Judgment 09/04/2018 Perused the petition, reply thereto as also the compliance report filed by JDA.
It has been stated by Mr. Amit Kuri, counsel for the JDA that no unauthorized commercial activity is presently underway as of today in C-Block, Vaishali Nagar, Jaipur. It has further been submitted that indeed there are certain unauthorized constructions involving utilization of set-back, for which notices (2 of 2) [CCP-486/2012] have been issued to the offending owners / occupiers and even challans have been filed against them. It has been stated that the JDA always acts upon the complaints received of unauthorized user or unauthorized construction. However, it is bound under the JDA Act to comply with the due procedure and cannot peremptorily demolish the unauthorized constructions. They can be only demolished subsequent to compliance with due procedure.
Having heard the counsel for the petitioner and the respondents, I would dispose of this petition accordingly. However it is expected on the statement made by Mr. Amit Kuri, counsel for the JDA that on receipt of the complaints with regard to unauthorized user / constructions, JDA would take expeditious measures through exercise of its statutory powers, for corrective action.
Petition stands disposed of accordingly.
(ALOK SHARMA),J DK