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2005 Supreme(Raj) 779

K.S.RATHORE
Chanderpal Bagga – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. R.N. Mathur,Mr. Mahesh Gupta, for the Petitioner.
Mr. S.M. Mehta, Senior Advocate with Mr.R.S. Mehta, Mr. Mohd. Rafiq, AAG,
Mr. A.K. Gupta, Dr. P.C. Jain and Mr.M.M. Ranjan, for the Respondents.

Judgment

K.S. Rathore, J.-This writ petition has been filed challenging the permission granted by the Municipal Corporation, Jaipur to respondent No. 4 M/s. Shruti Associates for construction of a multi-storey building on plot No. 565, Rajapark, Jaipur.

2. The petitioner has also challenged the validity of Jaipur Development Act, 1982 (hereinafter to be referred as the JDA Act, 1982) on the basis of amended provision Part IX A of the Constitution (74th Constitutional (Amendment) Act on the basis that after insertion of Article 243 (P) to Article 243 ZD, the JDA Act, 1982 may be declared ultra vires of the provisions of the Constitution.

3. Learned Counsel for the petitioner also mentioned the Judgment passed by the Division Bench in case of Ram Chandra Kasliwal vs. State of Rajasthan, reported in 2004 (4) WLC 17 by which the validity of the JDA Act, 1982, was upheld.

4. Learned Counsel for the petitioner submits that the grievance of the petitioner is that permission dated 26.08.2002 issued by the Jaipur Municipal Corporation to the respondent No. 4 for construction of house in accordance with Regulation 4 (i) of the Jaipur Development Authority (Jaipur Region Building) Regulations





















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