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3. Mr. R.K. Aggarwal, learned Senior Counsel for the appellants submits that as per the provisions of Clause 5.3(2) of the Rajasthan (Urban Area) Building Regulations, 2020 (for short 'the Regulations of 2020') if nearby area, the construction is on zero setback then the concerned authority may grant permission for construction on zero setback from allowing complete 100% ground coverage. He submits that other area next to the appellants are on zero setback area and, therefore, the direction issued by the learned Single Judge of demolition was not called for and the appellants ought to have been allowed to make a representation, which they have already made to the authorities, who were required to examine the same on factual ground and take a decision.

(Uploaded on 10/02/2026 at 11:09:24 AM) [2026:RJ-JP:5192-DB] (3 of 4) [SAW-108/2026]

4. Per contra, learned counsel for the respondents has, however, pointed out that the appellants have constructed the building on zero setback area while the respondents, who are their next door neighbour, have left the setback area. He further submits that even the other side, the house is a residential house where there has been a setback left on the front road. The nearby other residences also have left the setback. Photographs have been placed before us for perusal, which need not be taken note of by us at this stage. However, suffice it to note that the appellants were raising new constructions in the residential area. A minimum setback is required to be left. So far as zero setback as referred to in Clause 5.3(2) of the Regulations of 2020 is concerned, it is only with regard to certain areas where there is a dense population, as can be seen from Clause 5.3(2) of the Regulations of 2020. Thus, the provisions of Clause 5.3(2) of the Regulations of 2020 would have no application to the present case. It would be apposite to quote Clause 5.3 of the Regulations of 2020 as under: