The High Court, in this contempt petition, found that the respondents had made substantial compliance with a previous order dated 23.09.2019 regarding the removal of encroachment from a State Highway. The petition was dismissed.
The contempt petition was dismissed. Notices were discharged.
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[2023/RJJP/012023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 246/2020
----Petitioners
Versus
----Respondents
For Petitioner(s)
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
[2023/RJJP/012023]
[CCP-246/2020]
(2 of 3)
25/05/2023
This case was listed on 27.01.2023 and no-one had appeared on behalf of the petitioners. The case was again taken up on 21.04.2023 and again no-one had appeared on behalf of the petitioners.
Learned counsel Ms.Archna appearing on behalf of learned Additional Advocate General Mr.Anil Mehta submits that full compliance of the order dated 23.09.2019 passed by this Court has been made by the respondents.
Learned counsel submits that the action taken by the respondents for removing encroachment has been mentioned in the reply filed before this Court and as such counsel refers to the different photographs filed as Annexure-R/1, whereby demolition of shops and other buildings have taken place.
Learned counsel further submits that 40 ft. road from both the sides i.e. from centre of road of the State Highway – 52 has been cleared from encroachment and as such the Authorities have ensured compliance of the order passed by this Court.
Learned counsel submits that there are few buildings like Government Senior Secondary School and Homeopathy Hospitals, wherein alternative arrangements were required to be made before demolishing these constructions.
Learned counsel submitted that assurance has been given to make alternate arrangements by these authorities and as such the Authorities have taken action accordingly.
[2023/RJJP/012023]
[CCP-246/2020]
(3 of 3)
We are satisfied that substantial compliance of the order passed by this Court has been made by the respondents and as such the contempt petition stands dismissed.
Notices are discharged.
(ASHUTOSH KUMAR), J
(ASHOK KUMAR GAUR), J
Monika/21
1 issue framed by the court
Whether the respondents have substantially complied with the order dated 23.09.2019 passed by this Court regarding removal of encroachment.
Mohan Das Son Of Shyam Sundar
Om Prakash Kumhar
Hanuman Prasad Saini
Jai Ram Saini
Mahesh Son Of Kanhaya
State Of Rajasthan
Ashok Kumar Gaur
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
