The Special Bench dismissed the leave to appeal against an order granting patta to a respondent amidst road width discrepancies, noting the respondent's undertaking to remove construction if road width increases per the master plan.
Leave to file appeal is dismissed, consequently special appeal is dismissed pending applications disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1531/2019
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. C.P. Soni For Respondent(s) : Mr. Manoj Bhandari Mr. Rajesh Punia for respondent No.1
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL
Order
28/10/2021
The matter comes upon for consideration of application preferred on behalf of applicants seeking leave to file appeal against the order dated 16.05.2018 passed by the learned Single Judge in SBCWP No.14696/2016, whereby this Court has disposed of the writ petition preferred on behalf of the respondent-Bina
(2 of 2)
[SAW-1531/2019]
Mathur against the Jodhpur Development Authority (for short the ‘JDA’) while issuing a direction that if the respondent No.1-Bina Mathur submits an affidavit before the JDA, the competent authority may issue patta in her favour in accordance with law.
Learned counsel for the applicants has submitted that the directions issued by the learned Single Judge are contrary to the provisions of master plan as in the master plan, in front of the plot of the respondent No.1, 200 feet road is existing, whereas the JDA is granting patta in her favour while mentioning the width of road as 160 feet in front of the said plot.
Learned counsel for the respondent No.1 has submitted that she has filed an undertaking before the JDA that in future if the competent authority decides to increase the width of the road to the extent of 200 feet, she will remove her construction if any comes within 200 feet of the road.
Having heard learned counsel for the parties and keeping in view the fact that the respondent No.1 has already filed an undertaking to the effect that she will remove construction from the plot if it comes within 200 feet of the road, we are not inclined to grant leave to file appeal against the impugned order.
Hence, this leave to appeal is dismissed. Consequently, the special appeal also dismissed.
All the pending applications are disposed of.
(SUDESH BANSAL),J
(VIJAY BISHNOI),J
5-Taruna/-
1 issue framed by the court
Whether leave to appeal the Single Judge's order regarding the grant of patta to the respondent is to be granted.
Smt. Vijay Kalla
Brij Lal Soni
Binu Mathur
Jodhpur Development Authority
Sudeesh Bansal
Vijay Bishnoi
As recorded by the court registry
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