Allowed

Mohammad Yaseen v. State Local Bodies Dept Ors.

Rajasthan HC5 Dec 2018SAW/824/2017

Case brief

AI extract

What is this about?

The High Court disposed of this special appeal and stay application regarding unauthorized construction. The court directed respondents to inspect the premises. If unauthorized construction remains, the Municipal Corporation may act. The court also directed action against a neighbouring unauthorized structure.

What did the court decide?

Directions to Municipal Corporation to inspect premises and take action against unauthorized construction if present, including notice to the owner of a neighbouring building.

Mohammad Yaseen Vs State Local Bodies Dept Ors. — Property and Title | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Special Appeal (Writ) No.824/2017

¶3

With

¶4

D.B. Civil Misc. Stay Application No.8078/2017 In

¶5

S.B. Civil Writ Petition No.7212/2017

¶6

Mohammad Yaseen S/o Shri Barkat, R/o House No. 1619, Khejaron Ka Rasta, Opp. Doongri House, Chowkri Topkhana, Jaipur Raj.

¶7

----Appellant

¶8

Versus

¶9

State Of Rajasthan Through The Director, Department Of Local Bodies, Rajasthan, Jaipur

¶10

The Commissioner, Jaipur Municipal Corporation, Tonk Road, Jaipur

¶11

Deputy Commissioner, Hawa Mahal Zone-West, Jaipur Municipal Corporation, Jaipur

¶12

----Respondents

¶13

For Appellant(s) : Mr. Yogesh Kumar Sharma For Respondent(s) : Mrs. Naina Saraf

¶14

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

¶15

Order

¶16

05/12/2018

¶17

Mr. Yogesh Kumar Sharma, the learned counsel for the petitioner submits that he has already removed the construction of the third floor of the house except the parapet wall and the roof top over the staircase.

¶18

Mrs. Naina Saraf, the learned counsel for the respondents no.2 and 3, disputes this position and submits that the petitioner has not removed the construction of the walls of the proposed rooms.

¶19

(2 of 2)

¶20

[SAW-824/2017]

¶21

The learned counsel for the petitioner submits that while the respondent Municipal Corporation is taking action against the petitioner but no action is being taken against the owner of his neighbouring house, i.e., the corner building on Plot No.1619, Khejaron-Ka-Rasta, Opp, Doongri House, Chowkri Topkhana, Jaipur, where already third floor has been constructed.

¶22

Having heard learned counsel for the parties and perused the material on record, the present appeal is disposed of with direction to the respondents to arrange for inspection of the premises of the petitioner and if he has not yet removed unauthorized construction on the third floor of his house except the parapet walls and the roof top over the staircase, the respondent Municipal Corporation would be free to act in accordance with the law. As regards the neighbouring corner building of the petitioner, the authorities of the Municipal Corporation shall take appropriate action in accordance with the law after giving due notice to the owner of that corner building.

¶23

The special appeal is disposed of with the aforesaid direction. This also disposes of the stay application.

¶24

(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J

¶25

//Jaiman//61

Mohammad Yaseen v. State Local Bodies Dept Ors.

Case brief

What is this about?

What did the court decide?

Mohammad Yaseen v. State Local Bodies Dept Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Madhu Chaudhary D/O Shri Rajendra Singh Vs Mona Sharma D/O Shri Kunj Bihari Sharma

Rajasthan Financial Corporation Vs Rajendra Singh Gehlot S/O Shri J.S. Gehlot

Chairman Vs Riddhi Siddhi Public Shikshan Sansthan

University of Rajasthan Vs Sri Balaji Shiksha Samiti and Ors.

Manny Lata Sharma Vs State Education Departmentors

Municiaoal Board Kishangarh Vs Chand Mal and Co. and Ors.