BENCH AT JAIPUR v. The State Of Rajasthan, Through Chief Secretary

Judgment

1. The State Of Rajasthan, Through Chief Secretary, Rajasthan Government Secretariat, C-Scheme, Jaipur.

2. Municipal Corporation (Heritage) Jaipur, Through Its Commissioner, Jaipur.

3. Dy. Commissioner Kishan Pole Zone Municipal Corporation (Heritage), Jaipur. ----Respondents Connected With D.B. Civil Writ Petition No. 7837/2023

1. Swarn Bhoomi Bhawan Vikas Samiti, Through Its

Secretary Pawan Kumar Jhalani S/o Shri Pyare Mohan, Aged 47 Years, Resident Of 10, Anand Puri Colony, Chadani Chowk, Kalwar Road, Jhotwara, Jaipur (Rajasthan)

2. Rajendra Kumar Agarwal S/o Shri Choth Mal Agarmal, Aged About 62 Years, Resident Of Ramnath Puri Kalwar Road, Jhotwara, Jaipur (Rajasthan) ----Petitioners Versus

1. The State Of Rajasthan, Through Chief Secretary, Rajasthan Government Secretariat, C-Scheme, Jaipur

2. Municipal Corporation (Heritage), Jaipur Through Its Commissioner, Chalebi Chowk, Jaipur

3. Dy. Commissioner, Kishan Pole Zone, Municipal Corporation (Heritage) Ghat Gate, Jaipur. D.B. Civil Writ Petition No. 7832/2023

1. Ghanshyam Das Badgoti S/o Late Satya Narain Badgoti, ----Respondents (2 of 5) [CW-8790/2023] Aged About 56 Years, Resident Of B 121 L S Nagar, A Block, Near Biyani Collage, Naya Kheda, Ward No. 10 Vidhyadhar Nagar Jaipur (Rajasthan)

2. Naveen Agarwal S/o Shri Madanlal Agarwal, Aged About 43 Years, Resident Of 30 A Cosmo Colony, Vaishali Nagar, Jaipur ----Petitioners Versus

1. The State Of Rajasthan, Through Chief Secretary, Rajasthan Government Secretariat, C-Scheme, Jaipur

2. Municipal Corporation (Heritage), Jaipur Through Its Commissioner, Chalebi Chowk, Jaipur

3. Dy. Commissioner, Kishan Zone, Municipal Corporation (Heritage) Ghat Gate, Jaipur. ----Respondents For Petitioner(s) : Mr. Jahangir Alam Salawat For Respondent(s) : Mr. G.S. Gill-AAG assisted by Ms. Shikha Sharma HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MANEESH SHARMA 25/02/2025 Order In PIL No.15318/2013 regarding same issue, the Co-ordinate Bench of this Court on 18.09.2019 passed the following order:- “1. The Court has considered the submissions of the parties and also considered the affidavit of the Municipal Corporation, Jaipur. This affidavit is filed in compliance with the directions of the previous orders of this Court dated 19.05.2019 and 27.08.2019. This order shall be deemed to be in continuation of the previous orders dated 19.05.2019 and 27.08.2019. 2. The materials on record show that firstly 362 properties were considered by the (3 of 5) [CW-8790/2023] Committee which recommended inclusion of Jaipur as World Heritage City, and that survey of these properties is yet to be carried out by the Municipal Corporation. As far as the other properties are concerned, the Municipal Corporation has annexed three lists having regard to the survey carried out so far. The first list contains details of 19 properties which according to the Corporation require complete demolition since they are on public lands and/or are encroachments, or are downright unauthorised constructions. The time-frame indicated by the Corporation for taking complete suitable action in this regard is three months. 3. The second list contains particulars of 12 properties, which according to the Corporation has shown partial illegality. The Corporation’s tentative programme for taking action and its completion in regard to the properties in the second list is six months from today. 4. The third list contains 112 properties- which in the opinion of the Corporation deviations/illegalities. show minor According to the Corporation, the action with respect to the properties in the third list would be taken up and completed thereafter in a time-bound programme. 5. The third parties have intervened through an application. They urged the Court not to precipitate action without hearing them. 6. Having regard to the overall circumstances, this Court is of the opinion that 19 properties- which according to the Corporation require immediate demolition as they have been completely constructed contrary to law and/or are encroachments, need to be examined first. To facilitate the process, the Court hereby nominates the Principal Secretary, UDH and the Principal Secretary, Law, Government of Rajasthan. The Municipal Corporation shall within one week from today give specific notices to each of the occupiers of the 19 properties listing deviations/illegalities. The notice shall also indicate the address of the Nodal Officer as the person who would receive the representations/replies to the show cause notice. particulars (4 of 5) [CW-8790/2023]

7. The Committee set up by the Court- headed by the Principal Secretary, UDH, shall prepare a report based upon the verification and examination of the documents and representations filed. The report shall be compiled and filed in the Court within four weeks from today. 8. Each of the lists filed along with the Corporation’s affidavit shall be annexed to the present order. Thus, list-I (which contains description of 19 properties shall be Annexure-A/3); list- II shall be the properties shown at Page-40 of the affidavit; and list-III containing 112 properties is the list shown between page 41 to 45. The order along with these lists shall be uploaded on the Court’s Website. 9. The Corporation shall ensure that no building activity takes place in respect of all the properties listed in the three lists annexed to this order. No Civil Court shall pass any injunction order in respect of these constructions. 10. List on 24.10.2019.” These writ petitions have been filed by the petitioners challenging the notice dated 27.04.2023 issued by the Nagar Nigam Jaipur Heritage. We have perused the notice dated 27.04.2023 and find that the same has been issued by the respondents in compliance of the order passed by this Court in Suo-Moto-DBCWP No.15318/2013 with regard to the closing of the commercial activities running in the residential areas and the same issue has also been raised in the present petitions. Since the said DBCWP No.15318/2013 involving the same issue as raised in the present petitions, is already pending before this Court, therefore in our considered view the present petitions are not maintainable. (5 of 5) [CW-8790/2023] However, if the petitioners are aggrieved by the order passed by this Court in Suo Moto-DBCWP-15318/2013, they may either file SLP before the Hon'ble Supreme Court or may file appropriate application in the pending Suo-Moto-DBCWP-15318/2013. Accordingly, the present petitions are dismissed with the above observations. (MANEESH SHARMA),J (INDERJEET SINGH),J ANAND TANWAR /26, 27 & 29