SITA RAM SHARMA Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is aggrieved by the alleged illegal construction by respondents No.2&3 over plot No.B-3&4, LS Nagar, Naya Khera, Vidhyadhar Nagar Jaipur and the failure of the JDA to exercise its jurisdiction under Section 32 and 33 of the JDA Act in removing the said illegal construction. The case of the petitioner is that he is owner of plot No.B-2 , LS Nagar, Naya Khera, Vidhyadhar Nagar, Jaipur in the vicinity of the aforesaid unauthorised construction being raised by the respondents No.2&3 which has adversely affected his legal rights.

(2.) ON notice counsel for respondents have appeared before this court. It is submitted by the counsel for the JDA that notice under Section 32 of the JDA Act had been issued to respondents No.2&3 with regard to their illegal construction over the set-back on back side of the aforesaid plots. It is submitted that in response to the notice, the respondents have preferred an appeal (25/2012) under Section 83 (8) (a) of the JDA Act before the JDA Appellate Tribunal, Jaipur. The Appellate Tribunal has passed an order of status quo in the appeal. It is submitted that no allegation of inaction of the JDA can be levelled against the JDA in the facts of the case and the petition against the JDA is misdirected.