HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 13782/2021
Roshan Vyas S/o Shri Banshi Lal Vyas, Aged About 55 Years, R/o Near Pushtikar Vitras, Gokul Gaushala, Village Kundal, Tehsil Phalodi, District Jodhpur.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Urban Development And Housing Department, Rajasthan, Jaipur.
2. The Director, Local Self Government Department, Government of Rajasthan, Jaipur.
3. The Commissioner, Jodhpur Development Authority, Jodhpur.
4. Municipal Board, Phalodi through its Executive officer.
----Respondents For Petitioner(s) : Mr. Manoj Bohra.
Mr. Moti Singh.
For Respondent(s) : Ms. Rekha Borana, AAG with Mr. Saransh Vij.
Mr. Sandeep Shah, AAG with Ms. Pratyushi Mehta.
Mr. Anand Purohit, Sr. Advocate with Mr. Kapil Purohit & Mr. Pradhuman Singh, For Applicant- Jaipur Development Authority.
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/10/2021
The Jaipur Development Authority has preferred an application (1/2021) for impleading it as party-respondent in the matter.
Taking into consideration the issue involved in the present petition and the directions already issued by this Court in the matter of Gulab Kothari Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition No.1554/2004 vide orders dated 12.01.2017 and 15.12.2018], we consider it appropriate and accordingly allow the impleadment as prayed for.
The Jaipur Development Authority is directed to be impleaded as party respondent No.5 in the matter.
Learned counsel appearing for the petitioner is directed to file amended cause title within a period of one week.
Heard learned counsel for the parties. Issue notice.
Ms. Rekha Borana, learned AAG accepts notice on behalf of respondent No.1 & 2.
Mr. Kapil Purohit, learned counsel accepts notices on behalf of respondent No.5.
Let notice be issued to the respondent Nos.3 & 4, returnable on 22.10.2021.
In the meanwhile, no regularization of unauthorized occupation/construction over the public land, agriculture land or any other land shall be permitted pursuant to order dated 20.09.2021 and the orders issued subsequent thereto by the State Government contrary to the Zonal Development Plan and Sector Plan of any town or city of the State of Rajasthan, if already finalized and notified in conformity with the Master Development Plan. The towns and the cities where the Zonal Development Plan/ Sector Plan have not been duly approved in accordance with the law, no process shall be initiated for regularization of any individual construction or the colony developed unauthorizedly pursuant to order dated 20.09.2021 and orders issued subsequent thereto. The relaxation of norms under the order dated 20.09.2021 or any order issued by the State Government subsequent thereto regarding the width of the road, required facility area/open area or the set-backs, shall remain stayed. The directions issued by this Court in Gulab Kothari's case (supra) vide orders dated 20.01.2017 and 15.12.2018 shall be strictly followed. The State authorities shall ensure that no regularization of unauthorized occupation / construction is permitted in defiance of the directions issued by this Court in Gulab Kothari's case (supra). It is made clear that any regularization made in any town or city of the State in defiance of the directions issued by this Court in Gulab Kothari's case (supra), shall be viewed seriously and dealt with sternly.
List the matter on 22.10.2021, as prayed.
(MANOJ KUMAR GARG), J. (SANGEET LODHA), J.
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