Disposed

Chandra Shekhar Kalla v. State of Rajasthan

Rajasthan HC3 Feb 2022CW/767/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging JDA's decision to reduce Chopasni Road width. Finding that the Road was allocated broader widths in the Master Plan and no proposal existed to reduce the width of the segment in question, the Court found no reason to entertain the petition.

What did the court decide?

No further orders were passed; the writ petition was disposed of without interference.

Chandra Shekhar Kalla Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 767/2020

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Chandra Shekhar Kalla S/o Shri Prahlad Krishna Kalla, Aged About 64 Years, Resident Of 981, Geeta Bhawan Road, Sardarpura, Jodhpur- 342001.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Senior Town Planner, Jodhpur Zone, Town Planning Department, Government Of Rajasthan, Jodhpur.

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Jodhpur Development Authority, Jodhpur, Through Its Commissioner.

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The Municipal Corporation- Jodhpur, Through Its Chief Executive Officer.

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----Respondents

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For Petitioner(s) through V.C.	: Mr. Ravi Bhansali, Sr. Advocate with Mr. Vineet Dave
For Respondent(s)	: Mr. Manish Vyas AAG.
through V.C.	Mr. Manoj Bhandari, Sr. Advocate with Mr. Aniket Tater. Mr. Rajesh Panwar, Sr. Advocate with Mr. Aayush Gehlot. Mr. P.R. Singh. Mr. G.R. Punia, Sr. Advocate with Mr. Rajesh Punia.

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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03/02/2022

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The petitioner by filing this petition has challenged the decision of the Jodhpur Development Authority (JDA) dated 22.04.2016, copy of which is enclosed with the petition as Annex.17.

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(2 of 3)

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[CW-767/2020]

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Briefly stated the case of the petitioner is that the width of Chopasni Road as per Master Plan of JDA is 60 mtrs. By the impugned decision, the JDA has decided to withdraw the road with of 60 mtrs. i.e. approximately 200 feet and to reduce it to 160 feet.

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Learned counsel for the petitioner submitted that any such decision would be opposed to the Master Plan and also contrary to the decision of this Court in the case of 2017 (1) DNJ (Raj.) 147 Gulab Kothari, Editor, Rajasthan Patrika, Jaipur V/s. State of Rajathan and others.

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The case of the respondents and in particular JDA is that there is no deviation from the Master Plan in connection with the width of the road. It is pointed out that the Master Plan 2001 – 2023 merely categorizes Chopasni Road as arterial road for which width of 160-200 feet is described. It is stated that the report dated 12.01.2017 was filed by the Director, Planning observing that in view of the importance of the Chopasni Road and the increasing traffic in the area and over the road, it would not be recommended to reduce the width of the road from 200 feet. Reference is also made to the High Court litigation concerning patta being issued to Binu Mathur to which the wife of the present petitioner had objected in order to suggest that the present public interest petition does not spouse genuine cause.

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Learned Senior Advocate, Mr. Bhandari for the JDA submitted that the authority does not propose to review the width of the road beyond contrary to the master plan. He drew the attention of the Court to the description of the road in Master Plan which provided width of the Chopasni Road in two parts first from Kohinoor Cinema to Jwala Vihar as 48 mtrs. and second from

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(3 of 3)

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[CW-767/2020]

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Jawala Vihar to by-pass as 60 mtrs. He clarifies that there is no proposal to reduce the road width from 60 mtrs. in relation to segment of Jwala Vihar to by-pass. He further clarifies that even with respect to the other segment, the Master Plan suggests the road to be 48 mtrs., There was proposal to increase the road width from 160 feet to 200 feet. It was in this context minutes were drawn by the authorities of JDA suggesting that the road width be expanded beyond 160 feet. However, this decision has not been final and the JDA is prima facie of the view that looking to increase in traffic in future width of the road width 200 feet may be provided.

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In view of the said clarifications, we do not find any reason to entertain this petition any further. We notice that the wife of petitioner had objected to the patta being granted to Ms. Binu Matur which was beyond 160 feet from the road line but within 200 feet. An undertaking has been given by the patta holder that if the road is widened she will surrender. That apart since there was no proposal for reducing the segment of the road width from Jwala Vihar to by-pass, no further orders are required to be passed.

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The writ petition is disposed.

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(MADAN GOPAL VYAS),J

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(AKIL KURESHI),CJ

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12-a.asopa/-

Chandra Shekhar Kalla v. State of Rajasthan

Case brief

What is this about?

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Chandra Shekhar Kalla v. State of Rajasthan

Case brief

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