1. - This writ petition makes allegation that the land shown as 'park' in the plan adjoining Plot No. D-41, Shyam Nagar Extension, Jaipur has been used for developing kiosks. The submission of learned counsel for petitioner is that land shown for park cannot be used for any other purpose than park. Referring to the provisions of Jaipur Development Authority Act (for short 'the JDA Act') and also judgment of the Hon'ble Apex Court on the issue, it is prayed that land of the park may not be allowed to be used for commercial purpose different than the park. Thus, the writ petition has been filed to seek removal of not only encroachment, but kiosks developed in the area o earmarked as 'park'.

2. Learned counsel for respondent-JDA submits that the area of park shown in the plan is measuring 343 square yards only, thus looking to the size of the plot, there was no possibility to develop a park on the aforesaid land. While an operation was undertaken to remove the encroachment by the s road side commercial activities, a decision was taken to place kiosks in the land aforesaid to settle encroachers. The aforesaid decision was taken for the obvious reason that when plan was approved