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2021 DIGILAW 1199 (RAJ)

Kunal Rawat v. State of Rajasthan

2021-07-23

MAHENDAR KUMAR GOYAL, SANGEET LODHA

body2021
JUDGMENT [D.B. Civil Writ Petition (PIL) No. 1481/2018] This writ petition (PIL) is filed by the petitioner, an advocate by profession, seeking directions to the respondent No.4, the Chief Executive Officer, Jaipur Nagar Nigam, Jaipur to fully equip the fire brigade office and give the training to all the concerned staff for protecting fire incidents. On 03.07.2019, a Coordinate Bench of this Court issued inter-alia following directions: "(vi) that the respondents shall furnish the particulars as to how many high-rise buildings having height of more than 32 meters, have been permitted and/or constructed so far in the State. No new high- rise buildings with the height of more than 32 meters should be allowed to come up in any of the cities till Arial Hydraulic Ladder Platform Equivalent to or more than, the height of the proposed building become available in Municipality of the concerned City." The applicant- Udaipur Builder's Association has filed an application for impleadment as party respondent in the writ petition, inasmuch as in pursuance to the directions issued by this Court, the State Government has issued notification dated 26.11.2020 restraining the construction of building beyond the height of 32 meters without approval of the State Government. Learned counsel appearing for the applicant submits that merely because the State has failed to procure requisite equipment for protection of the high-rise building from fire incident, the applicant and their alikes engaged in construction of building, cannot be penalized. Learned counsel submitted that the rights of applicant are adversely affected by the interim directions issued by this Court and therefore, the applicant deserves to be impleaded as party respondent in the present petition. Taking into consideration the issue raised in the PIL, the applicant cannot be considered to be a necessary or proper party in the matter. Therefore, the application seeking impleadment is rejected. However, the applicant is permitted to intervene in the matter. [D.B. Civil Writ Petition No. 14228/2019] Mr. Anil Mehta, learned Additional Advocate General seeks a week's time to furnish the details regarding status of procurement of necessary equipments in terms of the directions issued by this Court. The status report may be filed on behalf of the Sate within one week. List the matter on 03.08.2021.