Disposed

Dhiraj Sain S/O Shri Jagdish Prasad Sain v. State of Rajasthan

Rajasthan HC18 Jan 2022CW/48/2022

Case brief

AI extract

What is this about?

A PIL challenging encroachment of the Gate of Chandrawati by building its respondents. The court directed the Heritage Corporation to consider the petitioners representation within 7 days and pass a speaking order within 90 days. The writ petition was then disposed of.

What did the court decide?

The Petitioners to be provided a seven day time frame to get their representation heard by respondent no.3 and within 90 days of receipt by the said respondent a speaking order to be passed by the sai

Dhiraj Sain S/O Shri Jagdish Prasad Sain Vs State of… — Property and Title | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ (P.I.L.) Petition No. 48/2022

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Dhiraj Sain S/o Shri Jagdish Prasad Sain, Aged About 43 Years, R/o A-8, Ganga Vihar, Road No. 17, Vki, Akedadoongar, Akhepura, Amber, Jaipur Rajasthan - 302013.

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Rohit Soni S/o Shri Sharwan Soni, Aged About 30 Years, R/o 2032, Pitaliyon Ka Chowk, Johari Bazar, Jaipur, Rajasthan - 302003

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.

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State Of Rajasthan, Through Its Principal Secretary, Local Self Government Department, Government Of Rajasthan, Secretariat, Jaipur.

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Jaipur Municipal Corporation (Heritage), Through Its Chairman, Jaipur Metropolitan, Jaipur.

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Sangita Agarwal W/o Shri Vijendra Agarwal, Aged About 62 Years, R/o Plot No. 2296-2297, Ramlala Ji Ka Rasta, Johari Bazar, Jaipur.

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Vijendra Agarwal S/o Shri Radha Vallabh, Aged About 67 Years, R/o Plot No. 2296-2297, Ramlala Ji Ka Rasta, Johari Bazar, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Hemant Kumar on behalf of Mr. Sumit Khandelwal For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment / Order

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18/01/2022

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By way of present Public Interest Litigation, the petitioner has challenged the illegal encroachment on Government/Public

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(2 of 2)

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[CW-48/2022]

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property by the respondents No.4 and 5 and further non action on the part of the respondents No.1 to 3 to preserve heritage assets situated within walled city of Jaipur.

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He submits that in the year 2019, Jaipur Walled City was declared Heritage site by the UNESCO and to preserve the Heritage areas, Jaipur (Walled City) Heritage Conservation and Protection Regulations, 2020 under Rajasthan Municipalities Act, 2009 were formulated. 3. Cause & controversy in the writ petition pertains to one “Gate of Chandrawati” at Vishveswar Ji Ki Chowkdi, Ramlala Ji Ka Rasta, Johri Bazar, Jaipur which was and is attempted to be encroached by respondents No.4 and 5. Without getting a sanction for construction from competent authorities, an attempt was made to encroach and disturb the said monument and therefore construction of the same was seized by respondents No.4 and 5 for a period of 180 days as per order dated 26.07.2021.

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That upon consideration of the arguments of the petitioners, we are of the view that it will be in the interest of justice if respondent No.3 considers the representation of the petitioner in the instant matter, if so filed, within a period of 7 days from the receipt of Courts order. On receipt of the said representation by respondent No.3 or competent authority appointed by him, he will pass speaking order as required in the facts and circumstances of the case, in accordance with law within a period of 90 days.

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In the light of above observations, the Public Interest Litigation is disposed of.

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(SAMEER JAIN),J

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(AKIL KURESHI),CJ

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Arun/74

Dhiraj Sain S/O Shri Jagdish Prasad Sain v. State of Rajasthan

Case brief

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Dhiraj Sain S/O Shri Jagdish Prasad Sain v. State of Rajasthan

Case brief

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