CHANDERPAL BAGGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed challenging the permission granted -1 by the Municipal Corporation, Jaipur to respondent No. 4 M/s. Shruti Associates for construction of a multi-story building on plot No. 565, Rajapark. Jaipur.

(2.) The petitioner has also a challenged the validity of Jaipur 5 Development Act. 1982 (hereinafter to be referred as the JDA Act, 1982) on the basis of provision Part IX A of the Constitution (74th Constitutional (Amendment) Act on the basis that after insertion of Article 243 (P) to Article 243 ZD, the JDA Act. 1982 may be declared ultra vies of the provisions of the Constitution.

(3.) Learned counsel for the petitioner also mentioned the judgment passed by the Division Bench in case of Ram Chandra Kasliwal v. State of Rajasthan, reported in 2004(4) WLC (Raj.) 17 by which the validity of the JDA Act. 1982, was upheld.