Ram Jeevan Choudhary v. Jaipur Development Authority
2015-01-28
PRAKASH GUPTA, SUNIL AMBWANI
body2015
DigiLaw.ai
Judgment : 1. This intra-court Special Appeal arises out of a judgment and order of learned Single Judge, in which he has held that the Jaipur Development Authority Tribunal has examined all the arguments in detail, and found that 80 feet wide bitumen road has been constructed using 197.21 sq. meter of Khasra No.273/568 in constructions. The Tribunal also found that the road is a busy road, and leads to Muhana Mandi and caters to various developed colonies of the road. 2. The Tribunal also found that the available land of cremation ground is sufficient for at least next twenty years. The boundary wall of the cremation ground was constructed before the construction of the road, and in this manner, there has been no violation of the status quo orders passed by the JDA Tribunal for which the Contempt Petition was filed. 3. We have gone through the order passed by the Tribunal, the order passed in the contempt petition as well as the order passed by learned Single Judge. The authorities and learned Single Judge have consistently held that the entire land claimed to be cremation ground in protection of which the complaint was filed in the JDA Tribunal, was not used for cremation. The boundary wall of the cremation ground was constructed prior to the construction of the road, and that there was no violation of the order of injunction to initiate proceedings of contempt. No interference is thus required in the order passed by learned Single Judge, upholding the findings of fact recorded by the JDA Tribunal and the JDA Appellate Tribunal. 4. The Special Appeal is dismissed.