Dismissed

Shikha Sharma W/O Narendra Sharma v. the State of Rajasthan

Rajasthan HC17 Jan 2022CW/602/2022

Case brief

AI extract

What is this about?

The_CHIP petitioner sought to quash a lease for constructing a new structure on land with a historical haveli. The Court held that in the absence of legal restrictions against demolition and since no authority had declared it a protected monument, the owner could reconstruct. Appeal dismissed not entertained.

What did the court decide?

Petitioner to approach the State administration at the first instance to examine issues regarding heritage protection.

Shikha Sharma W/O Narendra Sharma Vs… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 602/2022

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Shikha Sharma W/o Narendra Sharma, Aged About 30 Years, R/o 6/312, Kisan Colony, Ward No. 11, Jhunjhunu, Tehsil And District- Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Secretary, Department Of Local Self Government, Government Of Rajasthan, G- 3, Rajmahalresidencial Area, C-Scheme, Near Civil Line Phatak, Jaipur (Raj.).

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The Secretary, Urban Development And Housing Department, Government Of Rajasthan, Food Building, Secretariat, Jaipur-302005 (Raj.).

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The District Collector, District-Jhunjhunu, Main Road, Indra Nagar, Jhunjhunu, Rajasthan-333001.

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The Director, Department Of Local Bodies, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan-302005.

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The Commissioner, Nagar Parishad, Jhunjhunu, Indra Nagar, Jhunjhunu, Rajasthan-333001.

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The Sub-Divisional Officer, Jhunjhunu, Indra Nagar, Jhunjhunu, Rajasthan-333001.

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Chairperson, Nagar Parishad-Jhunjhunu, Indra Nagar, Jhunjhunu, Rajasthan-333001.

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The Sub-Registrar, Registration And Stamps Department, Jhunjhunu, Indra Nagar, Jhunjhunu, Rajasthan-333001.

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Pawan Kumar Tibda S/o, Girdharilaltibda, R/o-501, H-12, Tibda Tower, Near Roadways Bus Stand, Indra Nagar, Jhunjhunu, Rajasthan.

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Sarita Devi W/o Pawan Kumar Tibda, R/o-501, H-12, Tibda Tower, Near Roadways Bus Stand, Indra Nagar, Jhunjhunu, Rajasthan.

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Mohammad Salim S/o Asgar Ali, R/o- Ward No. 28, Jhunjhunu, Rajasthan.

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Uman Khan S/o Usman Ali, R/o- Ward No. 22, Jhunjhunu, Rajasthan.

----Respondents

(2 of 3)

[CW-602/2022]

For Petitioner(s)

: Mr. Rajendra Prasad, Senior Advocate assisted by Mr. Aniroodh Mathur through VC

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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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Order

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17/01/2022

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The petitioner has filed this public interest petition urging us to quash a lease deed in relation to a small piece of land admeasuring 89.28 sq. yards situated in Jhunjhunu. Briefly stated the case of the petitioner is that there was an ancient haveli situated on the land in question and which had considerable architectural and historical value. The same has been pulled down for construction of a new structure and for which purpose a lease has been granted.

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Having heard learned counsel for the petitioner and having perused the documents on record, we do not find that there are any restrictions imposed against demolition of the structure under any law. In other words counsel for the petitioner is aggrieved that the structure in question has not been declared as a protected monument under the relevant law which would prevent its demolition. In absence of any restriction validly imposed against demolition of a structure we cannot prevent the owner thereof from carrying out necessary repairs or even reconstruction at a site which is otherwise as per the legal framework.

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Learned counsel for the petitioner at this stage submitted that one of the prayers of the petitioner is for protecting the remaining structures and thereby preserving the heritage and the

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(3 of 3)

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[CW-602/2022]

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architectural beauty of the site. It is always for the State administration at least at the first instance to examine such issues for which purpose the petitioner can approach the authorities.

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At this stage, we are not inclined to entertain this public interest petition. The same is accordingly disposed of.

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(SAMEER JAIN),J

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(AKIL KURESHI),CJ

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Kamlesh Kumar/N.Gandhi/23

Shikha Sharma W/O Narendra Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shikha Sharma W/O Narendra Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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