MAHENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed against the in -action of the respondent Jaipur Development Authority in not checking illegal construction of the temple by Vardhman Jain Sudhar Samiti. The submission of the petitioner is that when -ever a land is developed and plots are allotted, certain areas are left for development as facility area and no one has any right to encroach on the said land or make a construction thereon. The respondent No. 4 is said to be Principal of Prem Santi Public School who in conspiracy with other associates have made un -authorised constructions and the JDA inspite of attention being drawn could not take any action against the Zinalaya.

(2.) ON behalf of the respondents, it is stated that the Jai n Temple is constructed over 788.88 sq. yds and the Vardhman Jain Sudhar Samiti with the consent of all the members of the colony have constructed the said temple and there exists the temples of Ram, Laxman, Sita, Hanumanji etc. and, therefore, 130 members (plot holders) signed the no objection to the proposal. The park is measuring 600 sq. yds. It is also stated that the Government has also been moved for giving the necessary permission.

(3.) IN these circumstances, the writ petition is allowed and the JDA is a directed to proceed in accordance with law and the observations made above.