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Rajasthan High Court · body

2014 DIGILAW 2025 (RAJ)

H. C. SOGANI v. STATE OF RAJASTHAN

2014-12-05

J.K.RANKA, SUNIL AMBWANI

body2014
ORDER : 1. By this writ petition, filed in public interest, the petitioners have made the following prayers:- “i) This Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction to maintain a public park in the disputed land and restraining the respondents from constructing residential flats. ii) This Hon'ble Court may be pleased to pass any other writ, order or direction as may be deemed fit and proper in the facts and circumstances of the case in favour of the petitioners.” 2. It is submitted that a colony, namely Tilak Nagar, was established sometimes in the year 1961, in which about 100 plots were sold, on which the petitioners and other residents have constructed houses and are living without any obstruction from JDA and Jaipur Municipal Corporation. An area of about 3089 sq.mtrs. of land, shown to be reserved land in the plans of JDA, adjacent to the colony, was occupied unauthorizedly by certain persons. On representations made by the residents of the colony and their efforts, beginning from the year 1985, the unauthorized persons were resettled in the year 2000, and the land, shown to be reserved land, was restored to the open land. 3. The petitioners are now aggrieved by the action of the JDA in auctioning the land for construction of buildings. It is submitted that the land reserved for the residents of the colony as a park, measuring about 3089 sq.mtrs., should be developed, and that the JDA should not be allowed to allot the land for construction of buildings. The petitioners have relied upon the replies, filed by the JDA and Jaipur Nagar Nigam, in submitting that the land should be developed as park. 4. We do not find that there is any material on record, which may demonstrate that the subject land was left for development of public park for the residents of the colony. 5. In paragraph 2 of the reply filed by the JDA, it is specifically denied that the plot in question was ever earmarked as park. In the revenue records, the land of Khasra No.23, Village Chak Bhawani Singhpura, was entered in the khatedari of the non-petitioners, and since long it was encroached upon by unauthorized persons as 'Kachhi Basti'. 5. In paragraph 2 of the reply filed by the JDA, it is specifically denied that the plot in question was ever earmarked as park. In the revenue records, the land of Khasra No.23, Village Chak Bhawani Singhpura, was entered in the khatedari of the non-petitioners, and since long it was encroached upon by unauthorized persons as 'Kachhi Basti'. Under the orders of the State Government, the 'Kachhi Basti' was shifted to Heerapura, Paldi Meena and Prem Nagar, whereupon the plot was restored and put to auction as it was under the competence and jurisdiction of the JDA. 6. The petitioners have not placed on record any document, or material, to demonstrate that the land in dispute is reserved for a park or for any other purposes for the residents of the colony. They do not have any right to claim the land, to be developed as park. The land was unauthorizedly occupied by certain persons, whose occupation has since been removed, and the JDA has auctioned the land for development. 7. We do not find that there is any merit in the writ petition, to keep it pending any further. 8. The writ petition is dismissed. The stay applications are also dismissed.