Disposed

Ambalal Nayak v. State of Rajasthan

Rajasthan HC1 Aug 2022CW/9280/2022

Case brief

AI extract

What is this about?

Petitioner alleged illegal construction of a residential complex violating building norms. Court directed the Commissioner of Municipal Corporation to conduct a fact-finding enquiry, grant a hearing to the accused respondents, and decide within four months, keeping the writ petition pending for further proceedings.

What did the court decide?

Directed Respondent No.2 to examine the complaint, provide a hearing to the private respondents, and decide within four months.

Ambalal Nayak Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition (PIL) No. 9280/2022

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Ambalal Nayak S/o Late Laxman Ji Nayak, Aged About 64 Years, 8 Pratap Colony, Kalka Mata Road, Phada, Udaipur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through District Collector, Udaipur.

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The Commissioner, Municipal Corporation, Udaipur.

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The Director, Department Of Local Bodies, Government Of Rajasthan, Jaipur.

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Manoharlal Tiwari S/o Late Shri Laxminarayan Tiwari, 34/B, New Fatehpura, Udaipur, Raj.

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Satyanarayan Tiwari S/o Late Shri Banshilal Tiwari, 34/B, New Fatehpura, Udaipur, Raj.

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----Respondents

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For Petitioner(s) : Mr. Rajat Rajpurohit Advocate.

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

01/08/2022

Heard.

This petition, styled as PIL petition, has been filed seeking issuance of directions to respondents to take action against the private respondents No.4 & 5 in the matter of alleged illegal construction of residential complex in violation of the building permission and the laws regulating construction of buildings within the limits of the Municipalities.

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Referring to various provisions and the material on record, learned counsel for the petitioner would submit that even though while raising residential complexes, there has been deviation from

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(2 of 2)

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[CW-9280/2022]

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the standards and norms to which building permission is granted, which has also been repeatedly brought to the notice of the Local Bodies, no action is being taken.

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Taking into consideration the nature of allegation and that it will require fact finding enquiry at the end of the respondent No.2, at this stage, we are inclined to dispose off the petition with the direction to respondent No.2 to examine the complaint of the petitioner and take appropriate decision in the matter in accordance with the governing laws and the provisions contained in Rajasthan Municipalities Act, 2009 and other applicable laws.

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It is made clear that in the matter of any such enquiry on the complaints, the private respondents No.4 & 5 will be afforded an opportunity of hearing to counter those allegations.

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After hearing the petitioner, the local bodies shall take appropriate decision in the matter in accordance with the law, within the outer limit of four months from the date of receipt of certified copy of this order.

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It goes without saying that in case, the petitioner is not satisfied with the decision, as may be taken by the Local Bodies, it will be open for the petitioner to revive this petition.

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Accordingly, this petition is disposed off at this stage.

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(VINOD KUMAR BHARWANI),J

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(MANINDRA MOHAN SHRIVASTAVA),J

¶29

Sanjay Kumawat-3

Ambalal Nayak v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ambalal Nayak v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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