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1993 DIGILAW 449 (RAJ)

Magh Raj v. State of Rajasthan

1993-08-13

A.K.MATHUR

body1993
JUDGMENT 1. 1. The petitioner by this writ petition has prayed that the respondent No. 2 may be directed to execute his own orders dated 1.3.1990 (Annexs. 3 and 4). 2. The petitioner is a public spirited person who has filed the present writ petition seeking direction against the respondents to keep the open spaces and roads and to remove the encroachments made on the roads etc. It is alleged that in Jodhpur Tehsil there is an agricultural land covered by Khasra Nos. 92 and 92/2. Since several persons has the land out of these khasras and applied for conversion. For the development of the area, the Urban Improvement Trust, Jodhpur (called hereinafter as `the Trust') permitted that entire piece of land be divided into various plots and certain spaces were kept for parks, gardens, open spaces, roads etc. The application for conversion was also allowed by the Additional Collector, Land Conversion, Jodhpur. It is alleged that towards the southern side, open space has been kept and a road is also there which leads to the main Chopasani Road. It is alleged that certain encroachments were made over the open spaces or road. The complaints were made to the Executive Engineer, P.W.D., City Division II, Jodhpur. Thereupon the matter was enquired into by the respondent No. 2 and thereafter a case was registered by the respondent No. 2 under the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (referred to hereinafter as `the Act of 1964') and after hearing the parties the respondent No. 2 passed an order dated 1.3.1990 directing the unauthorised occupants to remove their encroachments. A copy of the order has been placed on the record as Annex. 4. Thereafter the proceedings were also drawn against Smt. Gulab Kaur by the respondent No. 2 under the Act of 1964 and an order of eviction was passed on 1.3.1990, a copy whereof has been placed on the record as Annex. 5. Therefore, the petitioner has filed the present writ petition seeking direction against the respondents to implement the aforesaid orders. 3. It is alleged that some of the residents of village Suthla approached the Collector, Jodhpur by filing an application for removing the encroachments, The Collector also wrote to the Trust to remove the encroachments in accordance with law. Therefore, in these circumstances the petitioner has approached this Court and prayed that the orders Annexs. 3. It is alleged that some of the residents of village Suthla approached the Collector, Jodhpur by filing an application for removing the encroachments, The Collector also wrote to the Trust to remove the encroachments in accordance with law. Therefore, in these circumstances the petitioner has approached this Court and prayed that the orders Annexs. 4 and 5 may be implemented and the Trust may be directed to give effect to the provisions of Section 92A of the Act of 1959 and to remove the encroachments which are made in respect of Khasra Nos. 92 and 92/2 of village Suthla. 4. No return has been filed on behalf of the respondents. 5. I have heard the learned counsel for the parties and perused the record. 6. It is true that the Trust being a body entrusted with the job of enforcing the law and see that the open spaces, gardens, parks and roads should not be encroached upon by the unauthorised occupants. Therefore, it is directed that the Urban Improvement Trust, Jodhpur shall fully implement the provisions of law and see that the encroachments should be removed wherever they exist. The order has Annexs. 4 & 5 which have been passed by the Trust should also be implemented by the Urban Improvement Trust, Jodhpur and it should see that the encroachments should he set right. It is also directed that the Trust should see that in village Suthla the approved plan should be properly enforced and encroachments should not be permitted on the roads, open spaces and gardens etc. and they should take appropriate action in, accordance with law by maintaining the approved schemes and removing the unauthorised encroachments wherever they exist in accordance with law. 7. The writ petition is accordingly disposed off with the above directions.Order accordingly. *******