JUDGMENT 1. - This writ petition has been filed as a public interest litigation with regard to encroachments on the National High Way with a further prayer to increase the width of the road. Particular reference and prayer is made in respect of National Highway Road No. 12 but during the course of arguments all the learned counsel for the. parties agreed that the principles should apply to all the roads connecting Jaipur with National Highways. 2. The Roads and their width are regulated by the National Highways Act, 1956. The PWD has also published a book known as `Specifications for Highways (Part II) Explanatory Note 1981 Edition and the Chapter 2 of the aforesaid book deals with Highway standards and land width, building lines and control lines have been defined in the same chapter and in clause 2.2 the recommended standards have been prescribed and as per Table 2.2-I, the standards which have been recommended for land width have been prescribed and a distinction has been made in the land width for open areas and areas which have already been built-up and since the area through which the aforesaid National Highway passes, is already a built-up area at the disputed place, therefore, the normal land width has been shown as 30 meters and range has been shown as 30-60 meters overall whereas the width of the road at the relevant place is 161. 3. The Rajasthan Highways Act, 1995 has also been passed and published in the Rajasthan Gazette dated 22.11.1995 and it is an Act to provide for the declaration of certain highways to be State Highways, to provide for restriction of ribbon development along highways for the prevention and removal of encroachment thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters. Under this Act State highway (Special) State Highway, major district road, other district road or a village road have to be notified. Highways authorities are to be appointed in accordance with the provisions of Section 4 of the said Act. 4. Certain instructions have been issued by the Central Government to the State Government regulating control of ribbon development. One of such instructions dated 13.1.1977 is reproduced as under : "No. NH III/P/72/76 Dated the 13th Jan. 1977 To, 1. All State Govts. and Union Territories, (Departments dealing with Highways) 2. 4. Certain instructions have been issued by the Central Government to the State Government regulating control of ribbon development. One of such instructions dated 13.1.1977 is reproduced as under : "No. NH III/P/72/76 Dated the 13th Jan. 1977 To, 1. All State Govts. and Union Territories, (Departments dealing with Highways) 2. All the State Chief Engineers/Addl. Chief Engineers/Principal Engineers dealing with Highways. 3. Engineer-in-Chief CPWD and Army Headquarters, DGBR. Subject : Control of Ribbon Development and removal of encroachments along highways. 1. In supersession of the instructions communicated in the circulars mentioned below, I am directed to issue the following consolidated guideline for control of ribbon development and removal of encroachment along highways specially National Highways and such centrally sponsored highways as the Lateral Road and the Strategic Road - 1. PL-12(2)/52; dated 10.10.52 2. WII-2(57)/61 dated 6.10.61 3. W143 (3) 63 dated 24.7.63 4. PL-7(11)57 dated 1.1.66 2. Ribbon Development along arterial highways has become an acute problem near developing towns. This is further accentuated by uncontrolled prolification of access points to the highways. In some of the congested towns along National Highway where ribbon development has already taken place, bye-passes have been provided but unless adequate measures are taken to prevent recurrence of ribbon development, no lasting solution Is possible. Some of the measures which should be given immediate consideration to control further deterioration of the situation are; (a) Provision of adequate land width for future development (b) Provision for service road for traffic which is purely local in character. (c) Control of access, (d) Control of building activities, (e) Control of roadside advertisement, (f) Prevention of encroachments and their speedy removal. 3. Access to arterial highways should be restricted to predetermined points and in urban and industrial areas this should be done by constructing parallel service roads on either side. The necesary land for the service road should be acquired simultaneously with the acquisition of land for the highway proper. 3. Access to arterial highways should be restricted to predetermined points and in urban and industrial areas this should be done by constructing parallel service roads on either side. The necesary land for the service road should be acquired simultaneously with the acquisition of land for the highway proper. The general requirement of land width for highway is indicated in Table 1 below : Land Width in Metres No. of Roads Plain and Rolling Country Mountainous and Steep Terrain Rural Area Urban Area Rural Area Urban Area Normal Range/Normal Range Normal Exceptional Normal Exceptional National Highway and State Highway 45 30-60 30 30-60 24 18 20 18 Major District Road 25 25-30 20 15-25 18 15 15 12 Other District Road 15 15-25 15 15-20 15 12 12 9 Village Road 12 12-18 10 10-15 9 9 9 9 LAND WIDTH FOR DIFFERENT CLASSES OF ROAD Parallel service roads for 2 way traffic should be planned as an essential part of any scheme for erecting buildings and factories on the land abutting the highway and provision for these made in the layout from the very beginning. In this connection, I am' to bring to your notice the recommendations of the Transport Development Council of its fourth meeting held in April, 196; which are as below : "The council recommends the parallel service roads should bE constructed in factory areas alongside the National and State Highways to avoid congestion on these Highways. The State Govt. could ensure compliance with this requirement by stipulating a suitable condition at the time of granting permission to the setting of factories and other building." 4. As service roads are intended to meet mainly local traffic needs, these could be constructed by the concerned Road Authority who can, if they so desire, consider and examine possibility of charging some fee from the owners of the factories/buildings to recoup the cost by adopting some suitable necessary procedure as admissible. In case of the suitable urban links on National Highways through towns having populations of 20,000 or more the Central Govt. would discharge the responsibilities conforming the scheme vide this letter No. NH III/P/16/76 dated 17th March, 1976 and to the consequent agreement. 5. Access Points 5.1 In urban areas, the spacing of access to Arterial Highways should wherever possible be restricted to 500 metres interval. would discharge the responsibilities conforming the scheme vide this letter No. NH III/P/16/76 dated 17th March, 1976 and to the consequent agreement. 5. Access Points 5.1 In urban areas, the spacing of access to Arterial Highways should wherever possible be restricted to 500 metres interval. If any highway is likely to be developed as Expressway/Motorway the spacing should be 1000 meters. 5.2 In rural areas spacing of connections from parallel service roads and of intersection should not be closer than 750 m. Individual driveway to private properties other than petrol pumps should not be spaced closer than 300 metre from each other or from an intersection. Regarding petrol pumps practice recommended in IRC 12 and 13 should be followed. On highways with dual carriageway median openings should generally be limited to intersection with public roads and should not be permitted for individual business needs. Where inter-sections are far apart, median openings may be provided at intervals of 2 km. for permitting U-turns and diversion of traffic to one of the carriageways at times of emergency or major repairs. 5.3 A reference may be made to IRC : 62-1976 'Guidelines for Control of Access on Highways' for general guidance in other situations. 5.4 Designs of all access points should conform to the minimum geometric standards required for safety at the particular location and adequate warning should be provided through Road Signs and Markings. 5.5 Prior permission of the Ministry should be obtained before permitting new access points on National Highways other than those provided in accordance with policy mentioned above. 6. Control of Building Activities : 6.1 In order to prevent overcrowding and preserve sufficient space for future road improvement, it is desirable to lay down restrictions to regulate building activities along arterial highways. Such measures will help in securing adequate sight distance and preserve the aesthetic value of the highway besides ensuring free flow of traffic. It is desirable that within a prescribed distance from highway no building activity is allowed or undertaken. This distance from road is defined by a hypothetical line called the 'building line'. Beyond this line it is desirable that buildings of height exceeding 13 metre above road level are not built for a further distance defined by what are called 'Control Lines'. This distance from road is defined by a hypothetical line called the 'building line'. Beyond this line it is desirable that buildings of height exceeding 13 metre above road level are not built for a further distance defined by what are called 'Control Lines'. The minimum desirable standard for 'Building Lines' and 'Control Lines' for various types of roads are given in Table 2 : Class of Road Plain and Rolling Terrain Mountainous and Steep Terrain Rural Areas Urban and Industrial Areas Distance between Building Line and Road land, boundary Width between Building Lines (Overall width)(Metre) Width between Control Lines (Overall width)(Metre) Distance between Building Line and Road line boundary (setback distance)(Metre) Rural Areas Urban Areas Normal (Mettre) Exceptional (Metre) Normal (Mettre) Exceptional (Metre) 1. National and State Highway 80 150 3-6 5 3 5 3 2. Major District Roads 50 100 3 5 3 5 3 3. Other District Roads 25/30* 35 - 5 3 5 3 4. Village Roads 25 30 - 5 3 5 3 TABLE 2: STANDARDS FOR BUILDING LINES and CONTROL LINES * If the land width is equal to the width between building lines indicated in this column, the building lines shall be set back 2.5 metre from the road land boundary lines. Usually the building and control lines would be symmetrical about the roadway. These should be strictly enforced by State Govts. along all National Highways/Strategic Roads while approving schemes of development and specifying land use. Necessary legislation to enforce these where required may also be enacted. 6.2 No structure of any kind, save the ones required for the development and operation of the highway or those for which the States have been authorised separately, should be permitted to be put up on National Highway road land without the prior approval of the Ministry. 7. Control on Advertisements. 7.1 Erection of hoardings, advertisement boards' statues etc. are a source of distraction and cause of accidents on highways and should not be permitted on National Highway Land. Only signs and notices of the types mentioned in para 3.3 of the IRC : 46-1972 'A policy on Roadside Advertisements' may be permitted if they do not interfere with visibility along the Highway and are at least 100 m. from any road junction, bridges or another crossing. The general considerations given in the above mentioned IRC policy should be kept in view. 8. The general considerations given in the above mentioned IRC policy should be kept in view. 8. Prevention and Removal of Encroachments : 8.1 It is noticed that a number of encroachments have developed in the past on arterial highways. It is essential that urgent action is taken to remove all the existing encroachments expeditiously so as to eliminate nuisance and ensure safe and free flow of traffic. Ministry of Law has advised that any or all of the following methods may be used to remove encroachment on highways : (1) Action be taken under Section 133 of the Criminal Procedure Code. In order to bring the case under Section 133 the prosecution has to prove that the land in question is either a public way or a public place. (2) Encroachment upon a public road is an obstruction to the public path and it is a nuisance in itself under Section 269 of the Indian Penal. Code. No argument by a user can justify an encroachment upon a public way. The question of sufficient width of the road being left in support of the encroachment for public use is no ground for allowing encroachment or obstruction to continue. It is the duty of the Magistrate to come to a finding whether the claim of the person complaining of such encroachment is bonafide or not. The question of possession is relevant for this purpose. (3) Criminal proceedings may be initiated against the wrongdoer under the various provisions of Indian Penal Code, Criminal Procedure Code and such of Police Acts are applicable to Central subjects like National Highways which are Union subject under the Constitution. (4) Section 141 of Indian Penal Code (sic Cr. P. C.) punishes a person continuing a nuisance after he is enjoined by a public servant not to repeat or continue. it. Section 142 and 143 of the Code of Criminal Procedure empower a Magistrate to forbid an act causing a public nuisance. The Civil Procedure also empowers a court to issue temporary injunction. To be able to expedite removal of encroachments each PWD division must prepare accurate land maps and keep them handy for checking and for producing in evidence. 9. The need and urgency of taking suitable legislative measures for restricting ribbon development along highways in the country have been brought to the notice of the State Govts. on several occasions in the past. 9. The need and urgency of taking suitable legislative measures for restricting ribbon development along highways in the country have been brought to the notice of the State Govts. on several occasions in the past. In regard to the framing of Central legislation for the prevention of ribbon development along National Highways, it has not been possible to make a headway so far as the requisite resolutions under Article 252(1) of the Constitution are still awaited from several States. Since there is an urgent need for a uniform pattern of enactment, it is desirable that all States empower the Central Govt. to legislate common law applicable throughout the country so far as National Highways are concerned. This may please be expedited. 10. The content of this communication, with suitable instructions may be brought to the notice of all concerned to ensure speedy action." 5. For control of ribbon development and removal of encroachment on National Highways instructions have been issued on 12.10.1978 which read as under : "No. NHIII/P/72/76 Dated the 12th Oct. 1978 To, All State Govts./Union Territories (Dealing with National Highways) Subject : Control of ribbon development and removal of encroachments on National Highways. I am directed to refer to para 8 of this Ministry's Circular letter of even number dated 13th Jan. 1977 on the subject mentioned above and to say that the matter has been considered further in consultation with the Ministry of Law who have advised the Public Premises (Eviction of Unauthorised Occupants Act, 1971 can also be made use of for removal of encroachment on National Highways. A copy of this Act and the Rules framed thereunder as published in Part II Section III-Sub-Section I of Gazette extra- ordinary is enclosed for ready reference. The act inter- alia envisages appointment of Estate Officers for implementing the above Act. It is therefore requested that in case the State Govt. like to take recourse to the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for the purpose of eviction of Unauthorised Occupants (Encroachers) from National Highways, this Ministry may be informed of the names of the Gazetted Officers of the State Public Works Department who may be appointed as Estate Officers under the Act." 6. like to take recourse to the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for the purpose of eviction of Unauthorised Occupants (Encroachers) from National Highways, this Ministry may be informed of the names of the Gazetted Officers of the State Public Works Department who may be appointed as Estate Officers under the Act." 6. With regard to removal of encroachment on National Highways, following instructions have been issued by the Central Government on 1.4.1976- "No. NHIII/P/24/75 Dated the 1st April, 1976 To, All State Governments, including Goa, Daman and D:u (Departments dealing with National Highways) Subject : Removal of encroachments on National Highways. I am directed to say that in the context of the present emergency the need for clearing the National Highways of all encroachments and thereby eliminating nuisance and accident-prone spots and ensuring free flow' of traffic thereby increasing the capacity of roads has assumed greater urgency and importance. The question of tackling this problem has accordingly been examined in consultation with the Ministry of Law, who have made the following observations : (1) Various remedies are open to the State Governments to get the National Highways cleared of obstructions and that most speedy remedy is under Section 133 of the Criminal Procedure Code. In order to bring the Case under Section 133 the prosecution has to prove that the land in question is either a public way or a public place. (2) Encroachment upon a public road is an obstruction to the public path and it is a nuisance in itself under Section 269 of the Indian Penal Code. No argument by a user can justify an encroachment upon a public way. The question of sufficient width of the road being left in support of the encroachment for public use is no ground for allowing encroachment or obstruction to continue. It is the duty of the Magistrate to come to a finding whether the claim of the person complaining of such encroachment is bonafide or not. The question of possession is relevant for this purpose. (3) Criminal proceedings may, therefore, be initiated against the wrong doer under the various provisions of Indian Penal Code, Criminal Procedure Code and such of the Police Acts as are applicable to Central subjects like National Highways which are a Union subject under the Constitution. The question of possession is relevant for this purpose. (3) Criminal proceedings may, therefore, be initiated against the wrong doer under the various provisions of Indian Penal Code, Criminal Procedure Code and such of the Police Acts as are applicable to Central subjects like National Highways which are a Union subject under the Constitution. (4) Section 291 of the Indian Penal Code punishes a person continuing a nuisance after he is enjoined by a public servant not to repeat or continue it. Section 142 and 143 of the Code of Criminal Procedure empower a Magistrate to forbid an act causing a public nuisance. The Civil Procedure Code also empowers a court to issue temporary injunction. 2. This matter was also placed before the State Chief Engineers at their meeting held at Hyderabad on 6.1.76 and they had no comments to offer. I am accordingly to request you kindly to take necessary action in the matter for removal of encroachments on National Highways lands on the lines indicated above. The contents of this communication may also be brought to the notice of all concerned with the development and maintenance of National Highways under the State Public Works Department to facilitate speedier action. It will be greatly appreciated if a copy of the instructions issued will be endorsed to this Ministry also." 7. Efforts have been made for reducing congestion on major roads passing through built-up-areas, and following instructions were issued by the Government of India on 8.5.80 : "No. NHIII/Misc. 57/86 Dated the 8th May, 1980 To, The Secretary, Public Works Department (All States and Union Territories) Subject : Reducing congestion on major roads passing through built-up areas. I am directed to say that the `Prevention of Ribbon Development Committee of the Indian Roads Congress had expressed general concern about growing congestion on Major roads passing through built-up areas and the absence of Parallel Service Roads. Even the new bye-passes which have been constructed get cluttered with local traffic and become congested soon after their construction. The Committee felt that there was a need for providing parallel service roads in built-up areas and the service roads should be planned and constructed as an integral part of the road construction or improvement scheme wherever such roads were passing through built-up areas. The Committee felt that there was a need for providing parallel service roads in built-up areas and the service roads should be planned and constructed as an integral part of the road construction or improvement scheme wherever such roads were passing through built-up areas. The Committee had also expressed the view that in some cases where construction of service road was not possible due to difficulties in acquisition or permanent encroachments or other reasons, widening of existing pavements to the maximum possible extent within the available land should be considered as an alternative means to reduce congestion of traffic on account of ribbon development. 2. The Ministry of Shipping and Transport fully shares the concern expressed by the Indian Roads Congress about the growing congestion on major roads through built-up areas and feels that for ensuring the safety, convenience and comfort of highway users, a serious thought need to be given to this problem. 3. The provision of bye-passes at congested areas can mitigate the problem to a great extent and should be given adequate priority. It is, however, felt that unless adequate safeguards are built-in the bye-passes themselves might soon degenrate into congested built-up areas. It is in this context that the recommendation of the Indian Road Congress regarding the provision of parallel service roads deserves notice. So far as the National Highways are concerned, the State Governments are aware that this Ministry's policy, while constructing new bye-passes, stipulates that the State Governments construct parallel service roads. It has. however, been found that the construction of parallel service roads has lagged behind resulting in severe congestion of the newly constructed bye-passes. I am, therefore, to request that the construction of parallel service roads on NH bye-passes should be accorded highest priority by the. State Government, and if need be the recommendation of the Indian Roads Congress that the parallel service roads be constructed as an integral part of the bye-pass scheme should be constructed (sic). I am further to request that the same principles be extended to the bye-passes on the State Roads wherever they are planned. 4. As regards financing the parallel service roads this Ministry took up with the Planning Commission the question of according highest priority to construction of parallel service roads along National Highway bye-passes while finalising the State Five Year Plan and Annual Plan allocations for Road Sector. 4. As regards financing the parallel service roads this Ministry took up with the Planning Commission the question of according highest priority to construction of parallel service roads along National Highway bye-passes while finalising the State Five Year Plan and Annual Plan allocations for Road Sector. It had been intimated by the Planning Commission that the State Government did not generally propose any specific provisions for the construction of parallel service roads along National Highway bye-passes in their annual plans. The State Governments were therefore requested vide this Ministry's letter No. NHIII/Misc/57/76 dated 11th May 1977 to ensure that adequate provisions are made in their five year and yearly plans for this purpose and their representatives should stress the importance of this provision during discussions with the Planning Commission for according highest priority for incurring such expenditure in the State Road Sector Plan allocations. It is once again reiterated that urgent steps should be taken by the State Governments to earmark sufficient funds for this purpose in their annual plan." 8. A Commissioner was appointed on 12.7.94 who has submitted his report in respect of width of road starting from Gopalpura Crossing to Telephone Exchange, Durgapura and thereafter Sanganer crossing. It has been reported that the average width is about 160'. At 25 points the measurement was taken and they were having varying width. Number of unauthorised constructions are alleged to have been made. The JDA has informed the Commissioner vide their letter dated 19.7.94 that width of the Road 160' i.e. 80' from the centre line on both sides in respect of Gopalpura circle to Sanganer Airport Circle on Tonk Road is in accordance with Section plan of the JDA. As per notification dated 19.5.83 published in the Rajasthan Gazette on 9.6.83 the JDA has declared all areas falling within the urbanisable limits notified in the Jaipur Mast*dr Plan as well as strips of 300 ft. width from the road boundaries of all the National Highways in Jaipur region as development areas-Jaipur region. The highway starting from Jabalpur to Jaipur on National Highway No. 8 has been declared to be national highway. width from the road boundaries of all the National Highways in Jaipur region as development areas-Jaipur region. The highway starting from Jabalpur to Jaipur on National Highway No. 8 has been declared to be national highway. Under rule 4(9) of the Jaipur Development Authority (Building) Bye-laws 1989 there is a note which reads as under : " fVikM+h& lM+d dh vksj dk lSV cSad jkT; ;k jk"V~h; mPp ekxZ ;k vU; fdlh uxjh; lM+d dh dsUnz js[kk ls 60 ehVj ,oa xkao dh lM+d dh dsUnz js[kk ls 30 ehVj ls de ugha gksxkA " Under rule 22 of the Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rule, 1974, it is provided that : "22. Reservation of land on either side on National and State Highway : Following lands vesting in and belonging to the Trust shall be reserved in the Public interest : (1) Land lying within 100 feet on both sides of centre line of any national highway when passing through the Municipal limits. (2) Land lying within 50 feet on both sides from centre line of any State highway falling within the Municipal limits and maintained by the PWD of the State and/or the Board or the Trust provided that land so reserved shall neither be sold, leased or otherwise transferred nor shall be let out to any person by the Trust." Encroachments and constructions of shops at the national highways are rampant. Jaipur- city is joined by 5 roads namely- (i) Jaipur-Delhi, (ii) Jaipur-Agra, (iii) Jaipur-Sikar, (iv) Jaipur-Ajmer and (v) Jaipur-Tonk. Number of shops have already been constructed unauthorisedly. Neither the action for demolition has been taken nor the law-breakers have been prosecuted. The result is encouragement to the law-breakers for construction of shops without permission reducing the width of the road which is not only fatal at the moment but the situation has also to be seen when the population is increasing year after year, and even the vehicles are increasing. The width of the road remains the same and is not capable of controlling traffic resulting in fatal accidents. Certain allegations against Bhanwarlal Gupta, Dr. The width of the road remains the same and is not capable of controlling traffic resulting in fatal accidents. Certain allegations against Bhanwarlal Gupta, Dr. Vasudev Keswani and others have been made which I need not discuss individually in the judgment as the principles of law are being decided which will take care of any illegal construction or encroachment and sufficient provisions exist for demolition of illegal construction and for prosecution of such persons. Even if any stay has been granted by any court the JDA can move for early decison so that broader public purpose is served. 9. It is the duty of the JDA that constructions are not carried out without proper sanction. At the time of approval of plan it must be considered whether in the garb of such approval intention behind it is to use the premises as shops. During the constructions inspection should also be done so that there may not be any deviation from the approved plans. Opening of the shops on the highways leads to restriction in free accessibility of the road and therefore whenever any plans are approved efforts should be made that such schemes should have their own market complex. The shops on the highways should be avoided. The highways if are having old constructions then the minimum width in accordance with the provisions of National Highways Act, 1956 of 30 meters should be maintained. If it has been reduced then the proper course for the JDA is to acquire the space so that the road may be widened. Illegal constructions already made including the encroachments should be removed. A public notice should be issued that the shops constructed on Highways without permission will be demolished so that when any shop is taken on rent the tenants must be aware whether the construction of shop is with the permission of the JDA or not. 10. It is unfortunate that the notification for acquisition of land was issued by the State Government (PWD) for widening the road N.H. 8 and the notification under Section 6 was published on 4.8.77. The said notification has been allowed to lapse and no steps were taken to acquire the land. This shows the negligence on the part of the concerned officers in not taking proper and timely action. The said notification has been allowed to lapse and no steps were taken to acquire the land. This shows the negligence on the part of the concerned officers in not taking proper and timely action. The matter of widening of the road is of great public importance and therefore no lethargy or leniency in the matter should be taken. The steps should now be taken immediately to acquire the land for widening of the road. 11. It may therefore be observed that : (i) in accordance with the norms prescribed for building lines and control lines the roads and the widths of the roads have to be maintined. The Tonk road upto Air-port Circle is stated to have 160' width, but at Durgapura the road width is reduced even to 60'. Similarly, even the permission has been given for construction of the houses at Tonk Road on Income-tax Colony where the width is 100'. In respect of National Highway No. 8 i.e. Ajmer road upto Bridge, the width is said to be 100'. There may be other areas where the constructions have been made in accordance with the permission issued by the then UIT or the JDA. I do not like to give any direction in respect of the constructions which were made after obtaining the proper sanction of the authorities concerned. The respondents have to see one fact that even if the permission has been given for construction, it is in the public interest that the road should be widened which has to be decided after taking into consideration the future prospects of the traffic and population; they can acquire the land and pay prevailing market rate for the land and construction thereon. (ii) If the constructions have been made without permission, then the respondents have the jurisdiction to take the action in accordance with law. Such illegal constructions can be on the land encroached upon or on such land on which the person who has made the construction has title. If the construction has been made on the Government land by encroaching upon it no right accrues in favour of the person and the construction has to be demolished by the J.D.A. If the land is in ownership of the person who has. If the construction has been made on the Government land by encroaching upon it no right accrues in favour of the person and the construction has to be demolished by the J.D.A. If the land is in ownership of the person who has. (iv) Opening the shops on the road hinders the traffic and therefore no scheme should be approved where the shops are proposed to be constructed on main roads. If any land is to be acquired for widening the road the constructions have been made by permission then the JDA should provide the alternative space for the shops at reserve price and should pay the compensation of the land acquired. If the land acquired is with some construction for which no permission was taken then compensation has to be paid with reference to the cost of land only. If the land also does not belong to the person who has made the construction then he has no right even to claim the compensation for cost of the land. A copy of this order be sent to the Commissioner, Jaipur Development Authority, and Chief Engineer PWD (Roads) Rajasthan, Jaipur, and Secretary, UDH, for immediate compliance. 12. The writ petition stands disposed of with the above directions.Writ Petition Disposed of With Above Directions. *******