KAILASH CHAND GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS the issues involved in the present writ petitions are similar, they are being decided by this common order.

(2.) THE case of the petitioners is that in pursuance to a directive of the Hon'ble High Court to the Jaipur Municipal Corporation (hereinafter 'JMC') to remove dairies operating within limits of Jaipur City and rehabilitate them outside the Jaipur City, JMC conducted a survey of dairies operating within limits of Jaipur City. It is submitted that in pursuance to the survey conducted by the JMC, the petitioners were given a survey number. Thereupon the JMC forwarded the result of the survey to the Jaipur Development Authority for the purpose of formulating a scheme for rehabilitation of the dairy owners recorded in the survey. Counsel submits that for the purpose of rehabilitation of dairy owners operating within limits of Jaipur City, the JDA advertised first on 18.06.2003 inviting applications from dairy operators included in the survey of JMC, to apply for allotment of plots for running a dairy either at Agra Road in the Harchandpura Scheme or at Sikar Road in the Ramlyawala Scheme or at Tonk Road in the Surajpura Bhatawala Scheme. A second advertisement on the same count was issued by the JDA on 09.07.2004. Some of the petitioners recorded in JMC's survey are stated to have applied for allotment of plot seeking rehabilitation of their dairy business in the above earmarked schemes. Certain allotments were made on 04.08.2004 @ Rs.250/- per sq. mtr. However, some petitioners herein in this petition who had applied were not successful.

(3.) IT however appears that subsequent to the allotment dated 04.08.2004 to certain dairy owners, they approached this Court by way of a writ petition under the banner of Jaipur Bhains Gaya Dugdh Samiti with the prayer that they should not be relocated from their current place of business within Jaipur City to either at Agra Road in the Harchandpura Scheme or at Sikar Road in the Ramlyawala Scheme or at Tonk Road in the Surajpura Bhatawala Scheme in view of the fact that the facilities for operating dairies in the said schemes were not yet complete and the relocation would obstruct the carrying out their dairy business efficiently and profitably. The matter travelled up to the Hon'ble Supreme Court but the Hon'ble Supreme Court vide order dated 30.08.2010 refused to interfere with the order of relocation passed by this Court. The Hon'ble Supreme Court however extended the time period for shifting of the diaries operating within limits of Jaipur City to the earmarked schemes outside Jaipur City upto 30.11.2010.