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2010 Supreme(Raj) 1013

ARUN MISHRA, PRAKASH TATIA
Jugal Kishore Joshi – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
R.R. Vyas, for Petitioner;
R.L. Jangid, Addl. Advocate General, for Respondents No. 1, 2 & 4;
R.S. Saluja, for Respondent No. 3 & 10;
M.S. Singhvi, for Respondent No. 5;
Khet Singh, for Respondent No. 7;
Ravi Bhansali, for Respondent No. 8;
Dinesh Mehta, for Respondent No. 9;
Mukul Singhvi, for Respondent No. 11

Hon'ble TATIA, J.—The instant writ petition has been filed in public interest for demolition of shops, construction of which has been illegally raised by respondent No. 5 Doonger Singh over the agricultural land in between the area marked ABCD in the sketch map, Ex. 1. Prayer has also been made to take action against the erring officers.

2. It is submitted by the petitioner that Mandore Road is National Highway No. 65. There is a chunk of agricultural land in between the boundary of the BSF Headquarters and a lane leading to Nagauri Bera. As per the Master Plan and as per the National Highways Act, 1956, the minimum width of the road is 160 feets. Conversion of part of this vacant agricultural land was in process before the Additional Collector, Land Conversion, Jodhpur. The Senior Town Planner, Jodhpur vide letter P/2 dated 7.5.1994 made it clear that conversion should not be permitted of any agricultural land which comes within the zone of Mandore Road upto 80 feet from the centre line.

3. It is submitted that respondent No. 5 is a politically influential person. The respondent No. 5 started construction within the vicinity of 50-55 feet from the middle line of the National Highway



































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