Disposed

Sorabh Jain v. J D a and Anr.

Rajasthan HC4 Mar 2015CW/1937/2015

Case brief

AI extract

What is this about?

The court disposed of a writ petition regarding unauthorized construction by directing the parties to submit to the jurisdiction of the JDA Appellate Tribunal. The interim status quo on construction at specific plots was maintained until the Tribunal decided the reference application.

What did the court decide?

Parties directed to submit to JDA Appellate Tribunal; status quo on construction at Plots No.110 and 111 maintained; JDA directed to submit construction status.

Sorabh Jain Vs J D a and Anr. — Property and Title | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1937/2015 Sorabh Jain vs. JDA & Anr.

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DATE OF ORDER : : 4^th March, 2015

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

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Shri Anurag Agarwal for the petitioner Shri L.L. Gupta ) Shri Amit Kuri ) for the respondents. ##

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This Court on hearing the learned counsel for

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the petitioner has passed the following order on 10.02.2015:

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“Contention of learned counsel for petitioner is that respondent no.2 is raising construction by joining plots no.110 and 111, Model Town colony, Jaipur, without approval of the Jaipur Development Authority. Respondent no.2 is raising construction of five storied building without leaving any set back. Petitioner has made number of complaints to Jaipur Development Authority but no action has been taken so far. The Jaipur Development Authority by letter dated 27.11.2014 informed the petitioner under Right to Information Act that no patta has been issued with regard to aforesaid two plots nor the colony has been regularized. No permission has been granted for raising construction to respondent no.2, on the said plots. The petitioner is neighbour as his house is situated in front of aforesaid plots and width of the road in front of the said

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plots varies between 25 and 30 feet. On a road having this much of width, a five storied building cannot be allowed to be constructed. The petitioner has also filed reference application before the JDA Appellate Tribunal, which is presently, due to absence of Presiding Officer, not functioning.

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Issue notice to respondents. Rule is made returnable by eight weeks. In the meantime, status quo with regard to construction on Plots No.110 and 111 of Model Town Colony, Jaipur, shall be maintained and the Deputy Commissioner of concerned zone of the Jaipur Development Authority, shall be responsible for enforcing this interim order.”

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Learned counsel for the petitioner submits that now the new Presiding Officer has joined in the JDA Appellate Tribunal and that there is no necessity for this Court to proceed with the matter.

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This writ petition was indeed entertained in a situation when the Presiding Officer at JDA Appellate Tribunal was not available.

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Having regard to facts aforestated, it is directed that the parties shall submit to the jurisdiction of the JDA Appellate Tribunal. The JDA Appellate Tribunal shall be at liberty to modify or

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clarify the order passed by this Court and shall also make endeavor to decide the reference application at the earliest so as to restore position of construction in conformity with the JDA (Jaipur Region Area) Building Byelaws, 2010. In the meantime, the JDA shall submit the exact position of the construction before the JDA Appellate Tribunal. Interim order shall continue till any other interim/final order is passed by the JDA Appellate Tribunal.

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The writ petition is disposed of. Stay application also stands disposed of.

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(Mohammad Rafiq),J.

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RS/43

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All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)

Sorabh Jain v. J D a and Anr.

Case brief

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Sorabh Jain v. J D a and Anr.

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