JUGAL KISHORE JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed in public interest for demolition of shops, construction of which has been illegally raised by Respondent No. 5 Doonger Singh over the agricultural land in between the area marked ABCD in the sketch map, Ex. 1. Prayer has also been made to take action against the erring officers.

(2.) It is submitted by the Petitioner that Mandore Road is National Highway No. 65. There is a chunk of agricultural land in between the boundary of the BSF Headquarters and a lane leading to Nagauri Bera. As per the Master Plan and as per the National Highways Act, 1956, the minimum width of the road is 160 feets. Conversion of part of this vacant agricultural land was in process before the Additional Collector, Land Conversion, Jodhpur. The Senior Town Planner, Jodhpur vide letter P/2 dated 7.5.1994 made it clear that conversion should not be permitted of any agricultural land which comes within the zone of Mandore Road upto 80 feet from the centre line.

(3.) It is submitted that Respondent No. 5 is a politically influential person. The Respondent No. 5 started construction within the vicinity of 50-55 feet from the middle line of the National Highway. Complaint was lodged by the Petitioner to the concerned authority. When Patwari and the Revenue Inspector went on the site on 8.1.2004, the Respondent No. 5 refused to stop the construction and misbehaved with them. They requested that police force may be provided to stop the construction. Consequently, the Tehsildar wrote a letter to the SHO, Police Station, Mandore requesting the police authorities to help in stopping the construction. When Police Inspector went on the spot, the Respondent No. 5 attacked on the Inspector and his party and threatened that he will kill them. On this, an FIR was lodged at the police Station, Mandore on 23.1.2004. The officers of the Respondent No. 3 were attacked by Respondent No. 5 and his associates. The matter also published in the newspaper on 24.1.2004 in Rajasthan Patrika and Dainik Bhaskar (P/6). Ultimately, the Respondent No. 5 managed everything at high political level and also police, nothing was done to stop the construction. Hence, Petitioner approached this Court by way of filing this instant writ application in public interest.