NEETU SHARMA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner with the prayer that the respondent Nos. 2 and 3 be directed to demolish the illegal construction on the plot No. 16, 17, 18, 19 and 20 in Soni Colony, Bhomiya Nagar, Kalwar Road, Jhotwara, Jaipur which is contrary to the Jaipur Development Authority (Jaipur Region Building) Regulations, 2000 and also remove the illegal boundary wall which has resulted in blockage of total visibility from both sides of the road. It is also prayed that the respondent -authorities be directed to bound the respondent No. 4 to 7 to start and run the marriage home/marriage garden on the plot No. 16, 17, 18, 19 and 20 in Soni Colony, Bhomiya Nagar, Kalwar Road, Jhotwara, Jaipur as per relevant byelaws. It is contended that the aforesaid construction is violative of the mandatory provisions regarding set -back provided under the Regulations of 2000 and construction of toilets in the land of set back and the nature and plan of construction makes it clear that marriage garden is being constructed in violation of the Jaipur Municipal Corporation (Registration of Marriage Places) Byelaws, 2011 and apart from it the regulating body i.e. Jaipur Development Authority as well as the Jaipur Municipal Corporation are not taking any action even on making so many written complaints by the petitioner.

(2.) HAVING regard to the facts aforesaid, instead of directly entertaining the writ petition, the petitioner is required to approach the Chief Executive Officer of Nagar Nigam, Jaipur, who may verify whether any of the provisions of Jaipur Development Authority (Jaipur Region Building) Regulations, 2000 and Jaipur Municipal Corporation (Registration of Marriage Places) Byelaws, 2011 are violated or not and shall pass appropriate order on such representation after hearing the respondent No. 4 to 7 within two months from the date of its making. If the grievance of the petitioner is not remedied, he would be at liberty to take any appropriate legal remedy as may be open to him.