Disposed

Prem Chand Jain Retired Pti S/O Late Shri Mali Lal Jain v. State of Rajasthan and Others

Rajasthan HC28 Oct 2021CW/5548/2021

Case brief

AI extract

What is this about?

A PIL was dismissed with liberty to the petitioner to submit specified details of encroachment. The competent authority was directed to hold a fact-finding enquiry, including spot inspection, and remove encroachment within four months.

What did the court decide?

Liberty to file application with specified encroachment details; authority to conduct enquiry and remove encroachment within four months.

Prem Chand Jain Retired Pti S/O Late Shri Mali… — Municipal and Town Planning | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition (PIL) No. 5548/2021

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Prem Chand Jain Retired PTI S/o Late Shri Mali Lal Jain, R/o P.No.-24, Panch Mukhi Nagar, Alanpur Road, Sawai Madhopur, Tehsil And District Sawai Madhopur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan And Others, through Chief Secretary, Government Secretariat, Govt. Of Rajasthan, Jaipur.

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District Collector, Sawai Madhopur, Rajasthan.

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Chief Eng., National Highway P.W.D., Jakab Road, Jaipur, Rajasthan.

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S.E., P.W.D., Sawai Madhopur, Distt. Sawai Madhopur, Rajasthan.

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Executive Officer, Nagar Parishad, Sawaib Madhopur, Rajasthan.

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Contractor National Highway From Bagariya, Sawai Madhopur Via Circuit House, Sawai Madhopur, to Shopur (M.P.)

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----Respondents

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For Petitioner(s) : Mr. Ashish Sharma Advocate.

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI

Order

28/10/2021

Heard.

The petitioner as pro-bono publico has approached this Court seeking issuance of direction to respondent-public authority to remove encroachment made and illegal construction raised on a public street within the Municipal limit of Sawai Madhopur City.

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(2 of 2) [CW-5548/2021]

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The contempt petition was registered while taking

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cognizance of a letter petition. We have gone through the same. The letter makes more or less allegations of general nature.

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We have also gone through some of the representations, which have been made to State Authority. These representations broadly reflect that there are allegations of encroachment on other side of the public street.

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Needless to say whenever there are complaints made of encroachment of public property, land and street, the authorities are required to hold enquiry including spot inspection and then take action, if any, encroachment is found on the public land, road, street and property.

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We are, at this stage, inclined to dispose off this PIL petition with liberty to the petitioner to submit application giving clear and specified details of the encroachment over the public land, road and street to the competent authority under the Municipal Act to take action against encroachment. Upon making such application with proper details, the competent authority under the Municipal Act, to whom representation is submitted, shall hold proper fact finding enquiry including spot inspection and depending upon the report, appropriate action will have to be taken against those who are found to have encroached upon the public land, street and property. Enquiry shall be brought to its logical conclusion and passing of appropriate order and removal of encroachment within an outer limit of four months. If the petitioner is not satisfied, it would always be open to him to revive the petition.

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(FARJAND ALI),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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Sanjay Kumawat-34

Prem Chand Jain Retired Pti S/O Late Shri Mali Lal Jain v. State of Rajasthan and Others

Case brief

What is this about?

What did the court decide?

Prem Chand Jain Retired Pti S/O Late Shri Mali Lal Jain v. State of Rajasthan and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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