MANOJ KUMAR Vs. STATE (URBAN DEVELOPMENT)

JUDGEMENT

(1.) Instant Public Interest Litigation has been filed at the instance of a person who has disclosed his status that he is citizen of India and assisting his father in his factory M/s.Prem Udhyog which manufactures fiber articles like gates, coolers, fiber sheet etc. and he is in the manufacturing business of interlock tiles.

(2.) His purported grievance is that there is a judgment of this court dt.20.10.2004 passed in D.B.Civil Writ Petition No.4783/2003 [Suo Motu vs. State of Rajasthan] reported in 2005 (1) WLC (Raj.) 116, which is not being complied with by the authorities in its true spirit and in support thereto it has been indicated by him, the detailed of the subject land in para 4.1 of the petition and we consider it appropriate to quote the same ad infra: -

(3.) According to the petitioner, there is an encroachment over the land which belongs to the Jaipur Development Authority and despite notice for demand of justice being served, no compliance has been made and he has no option left but to file the instant Public Interest Litigation mandating the JDA to take action in compliance of the order, of which we have made reference supra. This court while passing the order, referred to supra, directed the authorities to comply with the directions and to remove encroachment over the Government land/public property and this court has further mandated the State Authorities to take appropriate action against the encroachers, as permissible under the law. The principles laid down by this court are ad infra: -