Disposed

Bhagwan Sharda Son of Shri Narayan Das Sharda, v. State of Rajasthan

Rajasthan HC14 May 2025CW/7061/2025

Case brief

AI extract

What is this about?

Writ petition against demolition notices alleging unauthorized construction; petitioner claimed deemed approval for small plots and sought expeditious disposal of his pending building plan application. Court directed decision within three months and no coercive action till then.

What did the court decide?

Direction to decide building plan application dated 20.12.2024 within three months; interim protection from coercive action until then.

Bhagwan Sharda Son of Shri Narayan Das Sharda… — Municipal and Town Planning | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7061/2025

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Bhagwan Sharda Son Of Shri Narayan Das Sharda, Aged About 65 Years, Resident Of Satya S-25, Mangal Marg, Bapu Nagar, Jaipur-302015.

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----Petitioner

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Versus

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

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The Commissioner, Nagar Nigam Greater, Jaipur. 3. The Deputy Commissioner, Nagar Nigam Greater, Malviya Nagar Zone, Near Vidhan Sabha, Lalkothi, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr.	Vipul Sharda
For Respondent(s)	:

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JUSTICE ANOOP KUMAR DHAND

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Order

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14/05/2025

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The instant writ petition has been filed with the following

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prayer:

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“(i) Issue an appropriate writ, order or direction quashing and setting aside the impugned notices dated 06.03.2025 (No. 4191) and 19.03.2025 (No. 4298) issued by Respondent No. 3;

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(ii) Direct the Respondents not to take any coercive or demolition action against the Petitioner in respect of construction at Plot No. S-25 (East Side), Mangal Marg, Bapu Nagar, Jaipur as the same is covered under deemed approval as per section 194(4)(b) of the Rajasthan Municipalities Act, 2009; there is no mandatory approval is required for the reconstruction of residential house of small size plot like the petitioner;

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(iii) Direct the respondents to dispose of the Petitioner's building plan application dated

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[CW-7061/2025]

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(2 of 3)

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20.12.2024 expeditiously and in accordance with law.”

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By way of filing this writ petition, a challenge has been led to the impugned notices dated 06.03.2025, 10.03.2025 and 19.03.2025, wherein it has been alleged that the petitioner is raising unauthorized construction.

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Counsel for the petitioner submits that the petitioner submitted an application for building plan approval before the Jaipur Municipal Corporation (Greater) [for short ‘JMC’] on 20.12.2024 along with the site plan, architectural drawings and prescribed fee and the same has been digitally acknowledged by the respondents.

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Counsel submits that as per Section 194(7)(d) of the Rajasthan Municipalities Act, 2009 (for short ‘the Act of 2009’) prior written approval for construction is not required in case of the plots below the size of 250 sq. meter, while the size of the petitioner’s plot is 224 sq. yards i.e. 187.288 sq. meter.

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Counsel submits that the petitioner is raising construction as per the site plan submitted by him with the JMC and the same is done in accordance with law, but the respondents are issuing notices under Section 194 of the Act of 2009, while no such notices have been issued to other persons residing in the same vicinity, who have raised similar kind of construction on their plots. The respondents are not taking any action against them and only the petitioner has been selectively targeted. Such an action of the respondents is in utter violation of Article 14 of the Constitution of India and is contrary to the judgment passed by the Hon’ble Apex

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(3 of 3)

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[CW-7061/2025]

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Court in the case of E.P. Royappa vs. State of Tamil Nadu reported in 1974 (4) SCC 3. Counsel submits that a direction be issued to the respondents to decide the application dated 20.12.2024 expeditiously, in accordance with law.

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Looking to the limited prayer No.3 made by the counsel for the petitioner, the instant writ petition stands disposed of with direction to the respondents to decide the application dated 20.12.2024 (pending, if any) expeditiously, as early as possible, preferably within a period of three months from the date of receipt of certified copy of this order, strictly in accordance with law.

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Till then, no coercive action be taken against the petitioner.

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(ANOOP KUMAR DHAND),J

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KuD/126

Bhagwan Sharda Son of Shri Narayan Das Sharda, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagwan Sharda Son of Shri Narayan Das Sharda, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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