The judgment underscores the importance of genuine public interest in PILs, the statutory right of appeal, and the need for proper compliance with building bye-laws.

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 and JMC can not and shall not whether by issuing patta or allotment permit any person to acquire right or interest in an immovable property from another unless the written instrument, whether labelled as sale, agreement, power of attorney or in any other manner, is properly executed, stamped and registered in accordance with law and the order of allotment (Annexure-7) may be quashed and set aside.

3. As per the facts incorporated in the writ petition the members of the petitioner Samiti got plots of land from Mitra Grih Nirman Sahakari Samiti Ltd. And the Grih Nirman Sahakari Samiti was granted technical approval of the scheme from JDA on April 4, 1982 and thereafter the JDA in the meetings of building plan committee approved the scheme of the Samiti. On August, 2000 and September 7, 2000. The grievance of the petitioner Samiti is that plot No.17 is situated on a 30ft. wide road having total area of 266.66 sq. yds. In the name of Smt.Pushpa Singh wife of Shri Y. Singh. The petitioner Samiti submitted that several members constructed their residential houses and the holder of plot No.17 started constructing multiple unit complex through Manuka Struds. The petitioner Samiti sent letters to the JDA in the month of October and November, 2003 bringing this fact to the notice of the JDA. The authorities of the JDA visited the site and informed the members of the Petitioner Samiti that Smt. Aruna Kaushik (respondent No.4) by virtue of agreement sale letter dated September 30, 2003 entitled to raise any kind of construction on the said plot upto the height of 12 meters. The petitioner Samiti submitted that the ownership of said plot No.17 has not been transferred from its original allotee Smt.Pushpa Singh to the respondent No.4 by way of duly executed stamped and registered deed of transfer. The respondents No.4 and 5 have no right to raise multiple unit apartment type residential complex on plot No.17. It was further submitted that the respondents No.4 and 5 acting in similar fashion has raised multiple unit apartment type construction at plot No.26 Heera Nagar Ajmer Road Jaipur and the said plot is barely 250 sq.yds. The husband of respondent No.4 owns a residential house at D-75 Hanuman Nagar Jaipur and the JDA has not only ignored such blatant illegality and irregularity and on protest being made by the members of petitioner Samiti conveniently turned its Nelson eyes towards their grievance. The construction of multiple unit complex on a plot of 260 yds. Violates the basic scheme of the colony but also create a pressure and prejudicially affect the available facilities, amenities, resources and ambiance.

4. The respondent No.2 in the reply submitted that they have no unwholy alliance with the private builders and it is unfortunate that without any iota