BRAHAM SINGH PARIHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners-Braham Singh Parihar and Chiman Singh Parihar with the following prayers:--

(2.) It is stated that the petitioners gave a notice through their counsel for removal of encroachments and also claiming the width of the road to be 125 ft., which was arbitrarily and illegally reduced to 100 ft. The petitioners also filed a Civil Suit No. 134/2011 for permanent and mandatory injunction for removal of encroachments on the Paota 'C Road, used as public road. Alongwith the suit, they also made an application under Order 39 Rules 1 and 2 CPC. Notices have been issued on the application in the said Civil Suit.

(3.) It is stated that in the meeting dated 31.1.2012, the Jodhpur Development Authority (JDA) proposed to recommend to the State Government to reduce the width of the road from 100 ft. to 80 ft. As soon as the petitioners came to know about the proposal dated 31.1.2012 in the news published in the daily newspapers, they applied under the Right to Information Act, 2005 for obtaining the copies of the proceedings and agenda items and from which, they came to know that initially, the width of the road was shown to be 120-160 ft. and thereafter, it was reduced to 100 ft. In the meeting of JDA, by the impugned decision, the width of the road was proposed to be reduced from 100 ft. to 80 ft.