Petitioners filed a PIL seeking stay on construction and directives for air/noise pollution control. The Court disposed of the PIL after respondents assured compliance with municipal laws without further permissions.
PIL disposed of; respondents directed to adhere to Municipal laws for continuing construction.
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[2024:RJ-JD:23239-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 18903/2023
(2 of 4) [CW-18903/2023]
[2024:RJ-JD:23239-DB]
----Respondents
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
22/05/2024
The present petition has been preferred by the petitioners with the following prayer;
(I) That this Honourable Court may kindly issue an interim order, specifically granting a stay in the form of a temporary injunction against Respondent 4. This order should mandate the immediate cessation of all construction activities on plots 11, 12 and 13, Tilak Nagar II, Bhadwasiya Road, Jodhpur. This injunction is sought to remain in effect until the final determination and adjudication of the issues raised in this petition, thereby preventing any further potential violations and harm during the pendency of this matter.
(ii) That an interim directive be issued to Respondent 2 and Respondent 3, prohibiting them from granting any further construction permissions or apporvals to respondent 4 for the contested plots until further notice from this Hon’ble Court.
(iii) That Respondent 2 and Respondent 3 be directed to immediately implement measures to improve air quality and reduce noise pollution in
(3 of 4)
[2024:RJ-JD:23239-DB]
[CW-18903/2023]
Tilak Nagar II, Bhadwasiya Road, Jodhpur. This includes deploying air purifying systems, enforcing strict noise level limits, and monitoring compliance to ensure a healthy living environment for the residents. (iv) Any additional interim relief that this Hon’ble Court, in its wisdom and discretion, finds appropriate and justifiable under the prevailing facts and circumstances, may kindly be accorded to safeguard the interests and rights of the petitioners.
Learned counsel for the petitioner submits that in an urban area any kind of illegal construction contrary to law cannot be accepted and as it is likely to cause serious harrassment to the adjoining residents and will also disturb the residential component of the area in question. At the outset, upon his submissions, this Court on 19.12.2023 had granted an order of status quo regarding the plots No. 11, 12 & 13 situated at Tilak Nagar II, Bhadwasiya Road, Jodhpur, which was maintained by the parties. Therefore, service upon respondents is complete and parties are present.
Learned counsel for the State and Municipal Corporation, AAG Mr. Rajesh Panwar at the threshold submits that unless the municipal laws and all other laws are confirmed, the permission to continue with construction shall not be allowed. He further submits that only on the compliance of the necessary conditions of the municipal law, the municipality shall permit such construction, therefore once the matter is before the corporation, the public interest litigation be closed upon the assurance given by the counsel for the municipal corporation as well as by the State. Counsel for the respondent No.4 Mr. Rajesh Shah and Mr. Ramit Mehta jointly
[2024:RJ-JD:23239-DB]
[CW-18903/2023]
(4 of 4)
submit that they are law abiding citizens and they assure that without having proper permissions and adhering to the building laws they shall not go ahead with the construction.
Upon such submissions having been made at this preliminary stage when the municipal corporation itself is seized of the matter and has assured this Court that the construction shall be resumed only when the private respondent adheres to all the municipal laws and confirmed to all the legal requirement for making such construction, the continuence of PIL is no longer called for. Further more, this Court has also taken note of the fact that respondent No.4 has given an assurance to the Court that they shall not continue with the construction without strictly adhering to the building laws/municipal laws and all other laws in vogue.
The public interest litigation is thus, disposed of while directing the respondents to abide and adhere with the Municipal laws for the purpose of continuance of construction at the premises in question. Any violation of aforesaid directions/assurance on the part of the respondents, shall give liberty to the petitioners to approach this Court again, if needed.
(YOGENDRA KUMAR PUROHIT),J
(DR.PUSHPENDRA SINGH BHATI),J
52-Arti/-
2 issues framed by the court
Whether the Public Interest Litigation should continue amidst respondent's assurance of compliance with municipal laws.
Whether the Court should grant interim injunction to stop construction activities pending determination of the case.
Tarun Deora and others
The State Of Rajasthan
The Municipal Corporation, Jodhpur (North)
The District Collector, Of Jodhpur
Shri Falvriddhi Parashvanath Tappagach Sangh
PUSHPENDRA SINGH BHATI
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
