LAWS(RAJ)-2014-5-407

UNION OF INDIA AND ANR; RETD SARGENT AIR FORCE GOVIND RAM; TARA DEVI SARAWGI & ANR; RAJASTHAN BUILDERS & PROMOTERS ASSOCIATION Vs. STATE OF RAJASTHAN AND ORS

Decided On May 30, 2014
Union Of India And Anr; Retd Sargent Air Force Govind Ram; Tara Devi Sarawgi And Anr; Rajasthan Builders And Promoters Association Appellant
V/S
State Of Rajasthan And Ors Respondents

JUDGEMENT

(1.) The common oppungment permeating the pleaded contours impact on Clause 19.7.19 of the Jaipur Development Authority (Jaipur Region Building) Regulations, 2010 (for short, hereinafter referred to as "the Regulations") integrated vide notification dated 6.12.2012 issued by the Jaipur Development Authority, Jaipur (for short, hereinafter referred to as "the JDA") in exercise of the powers conferred under section 16 (p) read with sections 96, 32(3) and 68 of the Jaipur Development Authority Act, 1982 (for short, hereafter referred to as "the Act") published in the issue dated 7.12.2012 of the Rajasthan Gazette Extraordinary thereby restricting the height of the buildings located within the distances from the army cantonment area as specified therein and requiring further the issuance of "No Objection Certificate" therefor by the Ministry of Defence otherwise than in the eventualities as well as for the locations as mentioned therein. By the besieged provision, however, the already approved plans for construction of the buildings have been saved from the coils thereof.

(2.) We have heard Mr.A.K.Sharma, learned Senior Counsel, Mr.V.K.Sharma, Mr.Sandeep Pathak and Mr.Sandeep Taneja for the petitioners in Writ Petitions No.1288/2013, 7346/2013 and 11865/2013, Mr.Tej Prakash Sharma, learned Senior Counsel with Mr.Ajay Shukla for the petitioners-Union of India in Writ Petition No.4349/2013, Mr.N.M.Lodha, learned Advocate General with Mr.Sheetanshu Sharma & Mr.Vishal Sharma for the respondent-State, Mr.Ashok Gaur, learned Senior Advocate with Mr.Ajay Choudhary for the respondent no.4 in Writ Petition No.4349/2013, Mr.Ajeet Bhandari with Mr.Vaibhav Bhargava, learned counsel for the respondent no.5 in Writ Petition No.4349/2013 and Mr.R.N.Mathur, learned Senior Advocate with Mr.Punit Singhvi for the respondent-JDA.

(3.) The identicalness of the assailment notwithstanding, the pleadings in the proceedings having portrayed varying aspects of scrutiny demand individual narration to better comprehend the elaborate and contentious arguments to follow. The facts in bare essentials are thus indispensable.