Petitioner challenged construction violations and cited non-functioning Tribunal due to absent Presiding Officer. Court disposed of writ when the dispute was transferred back to the Tribunal.
Writ petition dismissed; parties directed to appear before JDA Appellate Tribunal on 9.3.2015.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.644/2015 Kishan Chand Meerchandani vs. JDA & Ors.
DATE OF ORDER : : 2nd March, 2015
**HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********
Shri J.R. Choudhary for the petitioner Shri P.C. Dewanda for the respondents. ##
This writ petition was filed by the petitioner at the time when the Presiding Officer was not working in the JDA Appellate Tribunal.
This Court in that situation passed the following order on 21.1.2015:
“Contention of learned counsel for the petitioner is that Respondent No. 2 and 3 are raising commercial construction on plot in the size of 193 sq. yards without leaving any set back whereas as according to building bye laws of Jaipur Development Authority set back of 4.5 meter in the front side and 2.5 meter in the back side is required to be left. It is also contended that the petitioner also filed reference before Jaipur Development Authority Appellate Tribunal, but on account of non‐availability of Presiding Officer, the Tribunal is not functioning, therefore, the petitioner has approached this Court.
Issue notice to respondents, returnable by
09.02.2015.
Mr. J.M. Saxena, learned Additional Advocate General is directed to accept notice on behalf of Respondents No. 1 and may seek instruction in the matter.
Learned counsel for the petitioner is directed to supply copy of writ petition to Mr. J.M. Saxena, learned Additional Advocate General and file receipt thereof in the Registry.
Name of Mr. J.M. Saxena, learned Additional Advocate General be shown in the Cause List.
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Notice be issued to Respondent No. 2 and 3. Notice be given 'Dasti' to learned counsel for the petitioner. However, it shall be the responsibility of the petitioner to serve notice on Respondent No. 2 and 3.
Till the returnable date, status quo with regard to construction in question shall be maintained.”
Shri P.C. Dewanda, learned counsel for the respondent appears and submits that the Presiding Officer has since joined in the JDA Appellate Tribunal and the reference application has already been filed there.
The writ petition is therefore disposed of
with direction to the parties to appear before the JDA Appellate Tribunal on 9.3.2015. The Tribunal shall fix the date for their hearing on the reference application. The interim order aforesaid shall remain operative upto 18.3.2015. The Tribunal shall be thereafter at liberty to take its own view of the matter on the merits of the case and decide
the reference application in accordance with law.
The writ petition is disposed of.
(Mohammad Rafiq),J.
RS/11
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)
Kishan Chand Meerchandani
JDA & Ors.
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
