DHARAM CHAND MALOO Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has filed this writ petition for quashing the orders Annexures 4, 5 & 7 passed by the authorised officer Land Conversion and SDM Pratapgarh on 29. 9. 1994, Revenue Appellate Authority on 25. 7. 96 and by Board of Revenue on 25. 3. 1997 respectively.

(3.) THERE is no denying of the fact that under the aforesaid rules of 1978 framed under the Rajasthan Land Revenue Act, the limit within which any construction is prohibited on the lands situated on both the sides of the road be that National Highway or State Highway passing through the municipal areas is only 10 meters and not 15 meters as is the general limit prescribed under sub clause (1) of Rule 5 (4) (b ). THEREfore, the authorities below were justified in restricting the construction on the converted area within 33 ft. only from the centre line of the road in question.