JAIPUR VYAPAR MAHASANGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioners, for quashing the impugned order dated 23. 11. 92, Annexure-4 to the writ petition, passed by the Committee constituted under Section 300 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as "the Act No. 38 of 1959"), with a direction to decide the issue of encroachments and demolition, afresh. It is further prayed that the notification dated 17. 7. 54, be declared void and inoperative. Alternatively, it is prayed that this Court may issue any other appropriate writ, order or direction, which this Court may deem proper in the facts and circumstances of the present case, to protect the rights and interests of the petitioners.

(2.) THE present writ petition is disposed of finally, at admission stage, without delineating the averments made in the writ petition on the basis of facts, which are not disputed before me.

(3.) IN case of Prakash Chand Shukla (supra), the Court had emphasized that statutory duties must be performed by the State and the Municipal Council, by following the rule of law in this regard. It is held in the aforesaid judgment, Annexure-4/a to the writ petition that it is a primary duty of the Municipal Council, to remove the encroachments under the statute and the Municipal Council was found performing its statutory duties by passing order under Section 203 of Act No. 38 of 1959, after affording opportunity of hearing by giving individual and public notices. It was further found that State Government is also taking sincere efforts to remove encroachments from disputed Verandahs constructed on Municipal land connecting the footpaths by issuing notification in exercise of its powers under Section 300 of Act No. 38 of 1959 published in the Rajasthan Gazette (Extraordinary) dated 1. 7. 1986, constituting a Committee to decide revisions against the orders passed under Section 203 of the said Act. The aforesaid notification issued by State Government in exercise of its powers conferred under Section 300 of Act No. 38 of 1959 is reproduced hereinbelow:- " IN exercise of the powers conferred under Section 300 of the Rajasthan Municipalities Act, 1959 (Rajasthan Act No. 38 of 1959), the State Govt. hereby authorises the following Committee as authority to call for the record under the provisions of the aforesaid section for the purpose of being satisfied as to the correctness, legality or propriety of any order passed or purporting to have been passed regarding re-moval of encroachments of verandas in various markets of Jaipur, by or on behalf of Municipal Council, Jaipur, its Chairman, Vice Chairman, any member or officer and to pass final orders in this respect:- (1) Shri G. K. Bhanot (IAS Retired) -Chairman. (2) Secretary to the Government of Rajasthan, LSG Department.-Member. (3) Law Secretary, Government of Rajasthan.-Member. The State Government further orders that no other authority except the above Committee shall pass orders under the said section regarding removal of encroachments of verandas in various markets of Jaipur and all cases pending in this respect with them shall be transferred to the above Committee for decision. By order of the Governor, Sd/-K. L. Pareek Dy. Secretary to the Govt. "