BABOO LAL GEHLOT Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for issuance of writ of prohibition for restraining respondent No. I the Urban Improvement Trust, Bikaner (for short the UIT here in after) from proceeding with the proposed auction in pursuance of Annexure 4.

(2.) THE averments in the writ petition are that the petitioner has a shop in the India Market in front of the P.B.M. Hospital, Bikaner. That the scheme of that market was approved by the U.I.T. and put in execution. That, space for parking was earmarked for the utility of the shopkeepers and the visitors of the market and it was being soused for a longtime. That the U.I.T. thereafter proposed to auction that land earmarked for the parking and issued Notice Annexure -4. which has caused grievance to the petitioner and those for whose use the land was reserved.

(3.) NOTICE was issued to the respondents. Written reply has been filed on behalf of the U.I.T. It has been stated that with a view to remove to do away with the nuisance and unhealthy of the scheme constructed India Market and let out the shops constructed by the U.I.T. to the erstwhile unauthorised occupants with a view to regularly settle them. It has been admitted that there was a provision of a small space of 20' X 30' to be used of parking but the scheme was not a statutory scheme. That representations such as Annexures R/3, R/4 and R/5 were received and it was disclosed that the occupant of shop No. 22 and a few others were using the land reserved as parking and it was not being utilised for the purpose it was earmarked. That the earmarked parking space led to unauthorised encroachment by the persons having 'Thelas' and 'Khomchas' In that situation, the U.I.T. resolved to auction the land for the construction of shops No. 23 24 and 25 that, the meeting in which the proposed alteration was decided was attended by the Senior town Planner and as such there arises no question of violation of any Rule.