KALYAN SAHAI KEDAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these appeals is to the order dated July 1, 1996 of the learned Single Judge whereby following directions were issued in the public interest in regard to all the roads connecting Jaipur with the National Highways:- " (i) In accordance with the norms prescribed for building lines and control lines the roads and the width of the roads have to be maintained. The Tonk road upto Air-port circle is stated to have 160' width, but at Durgapura the road width is even reduced to 60'. Similarly, even the permission has been given for construction of the houses at Tonk road on Income-tax colony where the width is 100'. In respect of National Highway No. 8 i. e. Ajmer road upto Bridges, the width is said to be 100'. There may be other areas where the constructions have been made in accordance with the permission issued by the then UIT or the JDA. I do not like to give any direction in respect of the constructions which were made after obtaining the proper sanction of the authorities concerned. The respondents have to see one fact that even if the permission has been given for construction, it is in the public interest that the road should be widened which has to be decided after taking into consideration the future prospects of the traffic and population. They can acquire the land and pay prevailing market rate for the land and construction thereon. (ii) If the constructions have been made without permission, then the respondents have the jurisdiction to take the action in accordance with law. Such illegal constructions can be on the land encroached upon or on such land on which the person who has made the construction has title. If the construction has been made on the government land by encroaching upon it no right acrues in favour of the person and the construction has to be demolished by the JDA. If the land is in ownership of the person who has made the construction without permission in such a case the construction could be demolished in accordance with law. (iii) In order to have uniformity of the width of the road, the JDA should take appropriate steps for widening the road and to acquire the said land where the width is less than the prescribed standard. In respect of five roads mentioned above, at least from bridges Tonk Phatak (Tonk Road), over-head bridge near civil lines at Ajmer Road, after Ghat-ki-Guni at Agra road after Ajmer town at Delhi Road and after Jhotwara circle near Amba Bari at Sikar road there should be a divider of the main road and thereafter the road should be of 11 meters and thereafter 3. 5 meters land should be left or foot-path, drains, trees etc. The service line thereafter should be 6. 5 meters and the last of the strip of 4 meters should be left for electrical and telephone poles and foot-path. There should be 80' width from the divider and thus the total area for the road would be 160'. There cannot any encroachment of any short on this area. At Durgapura where the road width is stated to be 60' a Committee to be constituted by Commissioner JDA, would examine the ways of widening the said road. The permission should not be given to construct the shops on the main road. The dealers should not be permitted to use any part of the land for their open godowns nor permission for stalls/ kiosks/tharis should be given. The hoardings should not be permitted in this area. (iv) Opening the shops on the road hindres the traffic and therefore no scheme should be approved where the shops are proposed to be constructed on main roads. If any land is to be acquired for widening the road the constructions have been made by permission then the JDA should provide the alternative space for the shops at reserve price and should pay the compensation of the land acquired. If the land acquired is with some construction for which no permission was taken then compensation has to be paid with reference to the cost of land only. If the land also does not belong to the person who has made the construction then he has no right even to claim the compensation for cost of the land. "

(2.) SINCE the scenerio has undergone a sea change and various fly overs have been raised to control the heavy traffic congestion of Jaipur, we issued directions to the officers of JDA and Municipal Corporation to appear before this Court with latest plan in regard to construction of flyovers and over bridges to be constructed in near future in Jaipur.

(3.) THE roads and their width are regulated by the National Highways Act, 1956. THE Rajasthan Highways Act, 1955 which was published in Rajasthan Gazette dated November 22, 1955 provides for construction, maintenance and development of highways. Learned Single Judge took notice of aforequoted acts and observed as under:- ``the matter of widening of the road is of greater public importance and therefore no lethargy or leniency in the matter should be taken. THE steps should now be taken immediately to acquire the land for widening of road. "