SUO MOTO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN continuity of the yesterdays' proceedings in this matter, an explanation has been filed today supported by the affidavit of the Director Engineering, Jodhpur Development Authority, Jodhpur seeking to explain the proceedings dated 05.01.2008, whereby the then Urban Improvement Trust, Jodhpur (now Jodhpur Development Authority, Jodhpur) took a decision that prima facie stands at contradiction to Paragraph-11 of the order dated 19.02.2007 as passed by a Division Bench of this Court in D.B.C.W.P. No.6073/1993: Mahendra Lodha Vs. State of Rajasthan & Ors, regarding the width of Pal road, Jodhpur.

(2.) HAVING gone through the explanation and the documents attached thereto, we have expressed prima facie reservations on the propositions as stated in the proceedings of the meeting dated 05.01.2008 and so also, in the explanation as submitted before us. Mr. G.R. Punia, the learned Additional Advocate General prays for further time to complete his instructions and to advice the concerned authorities properly before making further submissions in the matter. Having regard to the circumstances, another opportunity is extended to the respondents to come out straight and forthright in regard to the proceedings dated 05.01.2008 though prima facie we feel that such proceedings are directly in defiance of the order passed by this Court; and such defiance can never be countenanced.

(3.) UPON our asking about the stipulated date/s of completion of work, the learned Additional Advocate General Mr.G.R.Punia submits that since there are more than one department involved, the JDA would compile the report after taking instructions from all the departments concerned and then, such a comprehensive report regarding stipulated date/s of completion and so also the extent of work particularly in relation to 15 BRTS roads would be filed in this Court latest by 11th instant.