KAMAL KISHORE AGARWAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against order dated 16.11.15 passed by the Director, Local Bodies, Rajasthan, Jaipur, whereby the revision petition preferred by the State Government questioning the legality of order dated 16.11.11 issued by the Executive Officer, Municipal Board, Nagaur (now Municipal Council, Nagaur), granting permission to the petitioners herein for raising construction of a hotel, has been allowed and the permission granted as aforesaid, has been cancelled.

(2.) The facts relevant are that the petitioners applied for conversion of their agriculture land ad measuring 3.10 bighas comprising khasra no.54/1148, situated in Nagaur, for commercial use, which was approved by the competent authority vide order dated 20.110. After conversion of the land, as aforesaid, the petitioners made an application to the Executive Officer, Municipal Board, Nagaur seeking permission for raising construction of a hotel as per the layout plan. The permission applied for was granted by the Executive Officer vide order dated 16.11.11 subject to the conditions incorporated therein. After obtaining the permission, the petitioners started construction of the commercial complex.

(3.) The petitioners' land is located near the Airstrip and thus, considering the safety issues likely to arise on account of construction of high rising building, vide order dated 16.7.12 issued by the District Collector, Nagaur, the petitioners were directed not to proceed with the construction any further till the position with regard to permissibility of the construction of high rising building near the Airstrip is clarified. Aggrieved by the said order, the petitioners preferred a suit for injunction in the Court of Additional District Judge, Nagaur accompanied by an application seeking temporary injunction. The trial court vide order dated 15.10.12 granted injunction in favour of the petitioners. Aggrieved thereby, the State preferred an appeal which was dismissed by this Court vide order dated 27.11.12. During the pendency of the suit, vide order dated 20.5.14, the District Collector, Nagaur proceeded to withdraw the order dated 16.7.12. Thereafter, an application was preferred on behalf of the State before the trial court seeking rejection of the plaint under Order VII Rule 11 CPC.