H.L. MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Writ Petition No. 16341/2012 has been filed by H.L. Mittal and others praying for the relief to set aside the general notice dt. 12.09.2012 and consequential action taken pursuant thereto; prayer has also been made to declare the provision of 40 feet wide road in the plan approved by the JDA in 1988 as illegal and unconstitutional and the respondents be directed to reconsider and revise the same by taking into consideration the points raised in the writ petition and by restoring 30 feet wide road; prayer has also been made to restrain the respondents from demolishing the structures, shops etc. The Writ Petition No. 16819/2012 has been filed by the Indian Society for Educational Innovation running the school.

(2.) SINCE the questions involved in both the writ petitions are similar, they are being decided by the common order.

(3.) THE Writ Petition No. 4783/2003 was registered suo moto by this Court and that petition and other connected matters were finally decided by this Court vide order dt. 20.10.2004 in which general directions were issued for removal of encroachments from various roads of Jaipur. However, no specific direction with respect to Barkat Nagar Market was issued. Contempt Petition No. 261/2008 was filed by Badri Prasad Dhaka and others alleging violation of the directions of this Court as to preventing of commercial activities in residential premises in Mansarovar Colony and nearby areas. Another Writ Petition No. 3275/1990 was filed by Ramji Lal Sharma with respect to constructions of shops/restaurants etc. in Mahesh Nagar residential colony in which order was passed by this Court on 04.01.1991. Misc. Application was filed by Shri Karan Pal Singh, Advocate in the Contempt Petition No. 261/2008 for removal of encroachments upon 100 feet road starting from 22 Godam to Gopalpura Byepass and "main road of Barkat Nagar" which connects Tonk Road to 80 feet road of Mahesh Nagar. Copy of the said application has been filed as Annex. 3 to the writ petition no. 16341/12. It was not mentioned as to what was the width of the road. The Division Bench of this Court on the basis of the statement made by the Additional Advocate General directed to remove the encroachments on the road parallel to Sawaimadhopur Railway line and 80 feet road of Mahesh Nagar and also from road of Barkat Nagar.