Smt. Sangeeta Jain & Anr. v. Director of Local Bodies Date of order & Anr.

S.B. CIVIL WRIT PETITION NO.16249/2010 Smt. Sangeeta Jain & Anr. vs. Director of Local Bodies & Anr. Date of order : 13/12/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dilip Sharma for the petitioners. Shri S.D. Khaspuria, Addl. Govt. Counsel for the respondent. ****** This writ petition has been filed by the petitioners assailing the notice issued by the Commissioner, Nagar Nigam, Jaipur whereby the illegal constructions being carried out by the petitioners, have been ordered to be removed and petitioners have been required to remove such construction, failing which they have been warned that the Nagar Nigam will take steps to remove such construction. Contention of the learned counsel for the petitioners is that petitioners have filed reply to the notice, but so far no decision has been taken and unless a decision is taken, they cannot avail of the remedy of appeal provided under Section 194 of the Rajasthan Municipalities Act, 2009. Shri S.D. Khaspuria, learned Additional Government Counsel submits that petitioners cannot be allowed to raise a further construction unless they remove the illegal construction, which have been made beyond the permissible limit or outside the sanctioned plan. 2 Having regard to the nature of controversy, the writ petition is disposed of directing the respondent authorities to take a final decision in this matter within two weeks from the date copy of this order is produced before them. In case, any order adverse is passed, petitioners would be free to file appeal against such order. In case, the petitioners do not raise any further construction during next week, the respondents shall be restrained from undertaking any demolition within that period. (MOHAMMAD RAFIQ), J. RS/-