The main legal point established in the judgment is that construction must adhere to approved building plans and regulations, and allegations of illegal construction must be substantiated with evidence.

1.By this writ petition in the name of Public Interest Litigation the issue has been raised that on Plot No 165 to 168, situated in Krishan Nagar, Shyam Nagar, Jaipur, illegal multi-storied construction has been raised.

2. JDA has not filed reply. Reply has been filed by Respondent No. 3. For ready reference the

reply reads as under:-“As regards, Plot No. 166 is concerned, it was owned by Smt. Shashi Kedia. Plot No 167 is also owned by Smt. Shashi Kedia, W/o Shri Birendra Kedia and Plot No. 168 is owned by Smt. Nirmala Kedia, W/o Shri Surendra Kedia. The owner of Plot No. 166, 167 and 168 had submitted an application for reconstitution of these plots which was allowed by Jaipur Development Authority vide letter dated 24.02.2004 with the clear direction and condition that on the reconstituted plots, construction could only be done after taking approval of building plan from Jaipur Development Authority. On reconstituted plots, Jaipur Development Authority released duly approved building plan on 27.07.2004. Thereafter construction was started by the owner of the plots namely Smt. Shashi Kedia and Smt. Nirmala Kedia. Thus, the construction on Plot No. 165 was started and completed by owner of the plot namely Smt. Shashi Kedia likewise owner of Plot No. 166 to 168 namely Smt. Shashi Kedia and Smt. Nirmala Kedia has undertaken construction which is under process, therefore, Respondent No. 3 has got no connection with the construction on Plot No. 165 to 168 and has been wrongly impleaded in the writ petition, henceforth in absence of necessary party, this writ petition is not maintainable and deserves to be rejected. Parawise reply to the writ petition:

1. That the averments made in Para 1 of the writ petition are denied in the manner it has been stated. The averments made in the writ petition clearly shows that it is not a Public Interest Litigation. To the contrary, petitioner is raising personal grievance and the contents of writ petition clearly shows that on factually incorrect statement, petitioner had filed this writ petition under the garb of Public Interest Litigation.

2. That the averments made in Para 2 of the writ petition are denied. It is submitted that Kishan Nagar is a scheme approved by the Jaipur Development Authority. Kishan Nagar Scheme was launched by the Shilpacharya Vishwakarma Grah Nirman Sahkari Samiti. Smt. Shashi Kedia, W/o Shri Birendra Kedia is owner of the Plot No. 165 measuring 389.24 Sq. Yards. Jaipur Development Authority held the camp and allotted patta in favour of Smt. Shashi Kedia and also issued site plan. The allotment letter was issued on 23.08.2002 which was got registered in the office of Sub-Registrar, Jaipur. As regards, Plot No. 166 and 167 are concerned, these plots are also owned by Smt. Shashi Kedia. Smt. Shashi Kedia has deposited all demanded amount to Jaipur Development Authority and Jaipur Development Authority had issued patta in favour of Smt. Shashi Kedia on 23.08.2002 and also issued site plan in favour of Smt. Shashi Kedia. As regards Plot No. 168 is concerned, it is owned by Smt. Nirmala Kedia, W/o Shri Surendra Kedia for which also patta and site plan have been issued by the Jaipur Development Authority in favour of Smt. Nirmala Kedia. It is settled position that in the scheme duly approved by Jaipur Development Authority, the sewerage lines and necessary amenities are required to be laid down by Jaipur Development Authority, therefore, Jaipur Development Authority had demanded sewerage charges from owner of Plot No. 165 to 168. The owner of Plot No. 165 had deposited amount of Rs. 5,354/-through challans on 20 .10.2003, in respect of Plot No. 166 sewerage charges amounting to Rs. 3,451/-was deposited on 212.2003, in respect of Plot No. 167 sewerage charges amounting to Rs. 3,451/-, was deposited on 212.2003 and in respect of Plot No. 168, sewerage charges amounting to Rs. 5,678/-was deposited on 212.2003. It is relevant to mention here that Jaipur Development Autho