RAMESH KUMAR AND OTHER Vs. BASTIMAL AND OTHERS

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court, are that the plaintiffs/petitioners filed a suit for quashing and setting aside the permission dated 04.11.2016 granted by the Municipal Board, Sanchore, District Jalore to the private respondents/defendants for making a construction. The said suit also sought permanent injunction. The plaintiffs/petitioners claimed that private defendants No.1 to 3 were having a residential and agricultural land near SBI Branch, Sanchore, and for its conversion, the defendants approached the Municipal Board, Sanchore, and the Municipal Board, Sanchore, which is non-petitioner No.4, against the law, had granted permission for raising basement, first, second and third floor commercial building vide permission dated 04.11.2016, while accepting the proposition of conversion.

(3.) The plaintiffs/petitioners claimed that non-petitioners No.1 to 3 alongwith their residential patta, produced a registered document, which is a bada and recorded as agricultural khudkasht, and conversion of the same by the Municipal Board into commercial was totally against the law. The plaintiffs also claimed that there was a road adjacent to the complex, which was said to be of 40 feet, while as per the Rajasthan Building Regulations, 2013, where the width of the road is less than 24 metres, the construction of a multi-storied complex cannot be permitted. Thus, the said permission for raising construction of the multi-storied complex was prima facie wrong, as the road in question was only 125 metres wide. The issues pertaining to the set backs and other Bye-laws were also raised.