SATYA NARAYAN SHARMA Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner for seeking a direction for compliance of the permission granted for building construction to the respondent Nos. 3 and 4 by sanction letter dated 15.5.2019. The petitioner further sought a direction that no commercial activity/hospital should be constructed at Plot No. E-112, Bank Colony, Murlipura Scheme, Murlipura, Jaipur against the sanctioned master plan.

(2.) Learned Counsel submitted that the petitioner had to file a civil suit for easementary right and for seeking an injunction against the private respondents, as they were constructing the basement in violation of JDA By-laws and further, they had not left the setback, which was required as per the JDA By-laws.

(3.) Learned Counsel submitted that on interim injunction, the Court below passed an order dated 29.5.2019 and while considering the prayer for interim injunction, the Court below directed the private respondents not to make any construction without leaving setback and the construction of basement was not to be carried out against the provisions of law.