BHANWAR LAL BHADIYAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) As the pleaded facts would reveal, in the year 2021, the petitioner had purchased a plot no.5 Sec. 'C', measuring 251.66 sq.yards, situated at Revenue Village Digadi, Jodhpur, and upon an application being filed in respect of the said land, the Jodhpur Development Authority (JDA) issued a freehold patta on 21/6/2022, in favour of the petitioner. Thereafter, an application, alongwith requisite fee, seeking permission for raising construction was submitted by the petitioner, whereupon the site plan was approved by the JDA and construction permission was granted to the petitioner.

(3.) Learned counsel for the petitioner submitted that the petitioner had taken prior permission for the construction work from the JDA and the site plan for his plot was also approved. It was further submitted that such permission was granted in accordance with the guidelines of the MoD issued in the year 2016, wherein the construction or repair activity within restricted zone of 10 meters would require prior NOC from LMA/Defence Establishments; however the petitioner's construction in question was beyond such restricted zone.