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2005 Supreme(Raj) 700

SHIV KUMAR SHARMA, K.S.RATHORE
Mrudhar Nagar Vikas Samiti – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Paras Kuhad, Mr. S.S. Hora, Mr. Akhil Simlote, Mr. Sudesh Bansal & Mr. Rinesh Gupta, for
the Petitioner.
Mr. Bharat Vyas, Additional Advocate General, for the State.
Mr. R.S. Chauhan, Mr. A.K. Gupta, Mr. Mahendra Goyal, Mr. Sanjay Joshi, Mr. B.L. Gupta,
Mr. Alok Sharma, Mr. N.K. Maloo, Dr. P.C. Jain, Mr. Manoj Sharma, Mr. V.S. Yadav and Mr.
Ajeet Bhandari, for the Respondents.

Judgment

Shiv Kumar Sharma, J.-All these pro bono writ petitions have been filed challenging the construction of multiple unit residential complexes in the city of Jaipur. Since, analogous relief has been sought by the petitioners, we propose to decide these writ petitions by a common order.

2. For convenience the facts of D.B. Civil Writ Petition No.7353/2003 are taken up. The petitioner Marudhar Nagar Vikas Samiti (in short Samiti) has approached this Court with the following prayer:-

"(i) The respondents State of Rajasthan, Jaipur Development Authority (in short JDA) and Jaipur Municipal Corporation (in short JMC) be directed to take requisite measures to ensure that unless the approval and sanctioned scheme of a residential colony provides for division of big sized plots, wide roads, ample open space and adequate facilities and unless such scheme specifically permits construction of multiple unit residential complex, small sized plots situated in small colonies and or facing narrow roads such as plot No.17 in Marudhar Nagar Jaipur cannot be used for constructing multiple unit residential complexes.

(ii) It may be declared and directed that the respondents State of Rajasthan, JDA



















































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