B. L. Mehra S/o Sh. Panna Lal Ji Mehra v. State of Rajasthan
2025-05-01
SHREE CHANDRASHEKHAR
body2025
DigiLaw.ai
JUDGMENT : (Per Anand Sharma, J.) 1. Petitioners, who are residents of Ayodhya Path, Shyam Nagar, Jaipur filed this writ petition under Article 226 of the Constitution of India, in the nature of public interest litigation, with following prayers: “(i) By an appropriate writ, order or direction the Bye-laws2000 regarding construction of group housing/flatted buildings may kindly be declared as an illegal, arbitrary and unconstitutional in view of 74 th Constitutional Amendment and the same may kindly be quashed and set aside. (ii) By an appropriate writ, order or direction, if any permission /sanction has been granted to the respondent No.3 to construct flats over plot Nos. A-166 and A-167, Ayodhya Path, Shyam Nagar, Jaipur may kindly be declared to illegal, unauthorised and the same may kindly be quashed and set aside. (iii) By an appropriate writ, order or direction, the respondents be directed to immediately stop/demolish the construction of group housing/ flats over the disputed plots in the areas meant for Swatantra Avas. (iv) By an appropriate writ, order or direction, constructions on plots No.A-166 and A-167 may kindly be demolished ; (v) By an appropriate writ, order or direction respondent No.2 be directed to demolish the constructions raised on plots No.A-166 and A-167. (v) Any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in favour of the petitioners may also be passed.” 2. It has been pleaded by the petitioners that plots in their Colony bearing No.A-166 and A-167, Ayodhya Path, Shyam Nagar, Jaipur are independent residential plots. However, without complying with the Sector Plan of the Scheme permission was sought from Jaipur Development Authority (for short, ‘the JDA’) for raising multi story building in order to construct flats over the aforesaid plots. As per the petitioners, private respondents who were owner of the aforesaid plots started raising construction of flats over the said plots. Under these circumstances, the petitioners made complaint to the JDA regarding illegal construction, yet Officers of JDA have failed to take any appropriate legal action against the respondents. This prompted the petitioners to file this PIL in which even a prayer to challenge vires of JDA (Jaipur Region Building) Bye-laws 2000 to the extent of provisions regarding permitting multi-story group housing.
This prompted the petitioners to file this PIL in which even a prayer to challenge vires of JDA (Jaipur Region Building) Bye-laws 2000 to the extent of provisions regarding permitting multi-story group housing. A prayer has been made that in case any permission/sanction has been granted by JDA for permitting construction of flats over the aforesaid plots No.A-166 and A-167 then such permission may be held illegal and the respondents may be directed to immediately stop/demolish the construction of Group Housing/Flats over the disputed plots, which are otherwise meant for independent housing. 3. This Court issued notices to the respondents in the instant writ petition on 23.05.2023. 4. On 10.07.2003, when this writ petition (PIL) was taken up for hearing, it was revealed by the petitioners that the private respondents were raising illegal construction over the aforesaid plots. Thereupon, it was observed by this Court that the private respondents may raise construction at their own cost and risk and if ultimately the Court decides in favour of the petitioners, it will have all powers to order for demolition thereof. 5. Initially, only respondent No.3 was impleaded as a party respondent showing him to be sole owner of aforesaid plots. However, thereafter an interim application was moved to implead other private stake-holders also as respondent No.4 to 7 which was allowed vide order dated 22.07.2003. We may also indicate that final arguments in the writ petition were heard at length on 04.02.2005 and on conclusion of arguments of both the parties, judgment was reserved. Thereafter, vide judgment dated 14.03.2005 the said writ petition (PIL) was dismissed with cost. The petitioners assailed the said judgment dated 14.03.2005 before Hon’ble Supreme Court by way of filing Civil Appeal No.2658/2013(arising from SLP(C) No.16424/2005) which has ultimately been decided vide order dated 21.03.2013. The Hon’ble Supreme Court was pleased to allow the aforesaid Civil Appeal with the following directions:- “In the premise aforesaid, the appeal is allowed, the impugned order is set aside in so far it relates to D.B. Civil Writ Petition No. 3334/2003 and the matter is remitted to the High Court for resh disposal of the writ petition. The appellants may, if so advised, amend the writ petition and file the additional documents within a period of four weeks from today. The JDA and the private respondents may may file amended written statements and additional documents within next four weeks.
The appellants may, if so advised, amend the writ petition and file the additional documents within a period of four weeks from today. The JDA and the private respondents may may file amended written statements and additional documents within next four weeks. Since, the matter is sufficiently old, we request the High Court to make an endeavour to dispose of the writ petition afresh within a period of nine months from the date of receipt of a copy of this order.” 6. Thereafter, in the light of order passed by Hon’ble Supreme Court, instant writ petition was again taken up for hearing by this Court. 7. In the light of liberty granted by Hon’ble Supreme Court in its order dated 21.03.2013, the petitioners made amendment in the writ petition but, in the meanwhile, since original respondent Nos. 4 and 6 had expired, therefore, steps were taken to make substitution in order to bring their Legal heirs on record. The process of such substitution of legal heirs has taken quite substantial time. 8. In the meanwhile, an interim application (I.A. No. 2/2024) was filed by the Respondent-Applicant for deleting the name of the respondent Nos. R/4 to 5/1, R/4 to 5/2 and R-6/1 to R-6/5; and a prayer was also made to permit the respondent-applicants to raise construction over the said plots strictly in accordance with the prevailing JDA building Bye-laws. 9. The aforesaid application (I.A. No.2/2024) was taken up for hearing on 18.12.2024 and following order was passed: “Heard on application (IA No.2/2024) for deleting the name of respondents No.4-5/1 to 4-5/2 and 6/1 to 6/5. Learned counsel for the applicants submits that the petitioners in this writ petition have raised a grievance against the humble respondents with regard to illegal construction over plots No. A-166 and A-67 at Ayodhya Path, Shyam Nagar, Jaipur. He further submits that at present they had removed all the constructions made by them over the said plots and now these two plots are lying vacant. He further submits that in future, they will raise construction in accordance with Law. In that view of the matter, the application is allowed and respondents No.4-5/1 to 4-5/2 and 6/1 to 6/5 are ordered to be deleted from the array of respondents. Amended cause title be filed by learned counsel for the petitioner within a period of four weeks.
He further submits that in future, they will raise construction in accordance with Law. In that view of the matter, the application is allowed and respondents No.4-5/1 to 4-5/2 and 6/1 to 6/5 are ordered to be deleted from the array of respondents. Amended cause title be filed by learned counsel for the petitioner within a period of four weeks. It is further ordered that owner of the Plots No. A-166 and A-67 shall not make any construction contrary to JDA by laws. Learned counsel for the respondent-JDA seeks further four weeks’ time to file additional affidavit in compliance of the order dated 29.08.2023. List after four weeks.” 10. It is clearly reflected from the aforesaid order dated 18.12.2024 that the private respondents have already removed illegal construction earlier raised over plot Nos. A-166 and A-167 at Ayodhya Path, Shyam Nagar, Jaipur and on account of removal of construction the plots were lying vacant. The private respondents also undertook that in future they would raise construction strictly in accordance with law. Thereupon, this Court has also ordered that owner of plot Nos. A-166 and A-167 shall not make any construction contrary to Jaipur Development Authority Bye-laws. As there were some clerical correction with regard to plot numbers in order dated 18.12.2024, necessary rectification has been made in earlier order vide order dated24.03.2025 and plot numbers have been corrected. 11. In the light of above, where the relief sought by the petitioners in respect of illegal construction over the aforesaid plot Nos. A-166 and A-167 is no longer required to be adjudicated further in the instant writ petition, as the private respondents themselves have removed illegal construction with a further undertaking to raise construction in future strictly in accordance with prevailing Building Bye-laws and, thereupon, vide order dated 18.12.2024 necessary directions for restraining the private respondents from raising any construction contrary to the JDA Bye-laws has already been given by this Court, no fruitful purpose is likely to be achieved by continuing this writ petition (PIL) and we deem it proper to close this writ petition (PIL) in the light of directions earlier given vide order dated 18.12.2024. 12.
12. So far as challenge to vires of Building Bye-laws prevailing in the year 2000 are concerned, in the light of above and in view of subsequent circumstances, it is not required to examine the validity of the same; more so, when the Bye-laws of 2000 have already been repealed and at present JDA (Jaipur Region) Building and Regulations, 2020, are in force. 13. In view of the above, the writ petition (PIL) stands disposed of with the observations that the parties to instant writ petition (PIL) shall be bound by aforesaid order dated 18.12.2024 earlier passed in the instant writ petition. 14. Stay application and all pending application(s), if any, also stand disposed of.