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2015 DIGILAW 237 (RAJ)

Dhanraj Jain v. State of Rajasthan

2015-01-27

PRAKASH GUPTA, SUNIL AMBWANI

body2015
Judgment : 1. We have heard learned counsel appearing for the parties. 2. In this public interest litigation, the plot holders of the Gauri Vihar Extension Scheme at Mansarovar, Jaipur have prayed for following reliefs: “(i) respondent No.5 may kindly be restrained from reducing the park area of plot No.108 from 673 Sq. Yards to 465 Sq. yards and JDA further be restrained from approving the revised map in which the area of Plot No.108 has been reduced from 673 to 465 Sq. Yards. (ii) Any other relief which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioners.” 3. The lay out plan of Nagrik Grah Nirman Sahakari Samiti Ltd. in the Gauri Vihar Extension Scheme in Mansarovar has not been sanctioned by Jaipur Development Authority. The area of the park shown in the lay out plan, does not have any statutory approval by the JDA, and thus, we do not find any right in the petitioners to seek a writ of mandamus to restrain the respondents from reducing the area of the park. 4. We find that in the present case, the petitioners are seeking remedy against the Cooperative Housing Society, from which they had purchased the plots. The lay out plan has not been sanctioned by the JDA so far. This writ petition, as such is not maintainable under Article 226 of the Constitution of India. If the petitioners are aggrieved by the reduction of the area of the park described in the lay out plan by the Society on the principles of estoppel, they may seek remedies in accordance with law. 5. We are also not satisfied that any environmental concerns arise for consideration in the writ petition to protect the interest of the residents of the Society to interfere in the matter. 6. In view of the aforesaid discussion, the writ petition is dismissed. All the pending applications are rejected.