Encroachments on public roads cannot be regularised without amending the Master Development Plan.

1. We have heard learned counsel appearing for the parties.

2. By this writ petition, filed in public interest, the petitioner has prayed for the following reliefs:-

"(i) By an appropriate writ, order or direction the respondents be directed to remove the encroachments upon 100 road from Bias Godam via Mahesh Nagar Gopalpura Byepass-Durgapura-B-2 Byepass to Malpura road parallel to West side of Sawaimadhopur railway line as shown in Master plan of Jaipur 2011 and master plan of 2025 and the order of regularising of encroachments upon the road vide BPC resolution dated 10/04/2002 and 13/10/2008 be quashed and set aside the appropriate action be taken against the defaulting officers.

(ii) By an another appropriate writ, order or direction the dividers may be ordered to be made on 100 road from Bias Godam via Mahesh Nagar-Gopalpura Byepass-Durgapura-B-2 Byepass to Malpura road parallel to West side of Sawaimadhopur railway line as shown in Master plan of Jaipur 2011 and 80 road of Mahesh Nagar for the purpose of smooth transportation upon the aforesaid roads in order to check accidents etc. and further the respondents be directed to remove hurdles of poles, pillars, transformers etc. installed by the respondents in middle of the aforesaid roads for smooth functioning of the transportationon the aforesaid roads and nobody be permitted to encroach upon the aforesaid roads.

(iii) Any other order which this Hon'ble Court may deems think fit and proper be pass in favour of the petitioner."

3. In the Master Development Plan-2025, Jaipur, Region (Volume-2), the road from 22 Godown to Diggi Malpura Road along west of railway line, is shown to be of 100 feet. The Master Development Plan-2025 has not been amended so far in accordance with the provisions of Section 25 of the JDA Act, causing any change on the width of this road.

4. The reports have been filed, from which we find that hundreds of constructions have been raised on the road, reducing the width of the road to 60 feet at some places and 40 feet at some other places. In some places, this important road in the City has been further reduced to cause congestion, resulting in traffic jams and accidents.

5. It is submitted by Mr. Mahendra Goyal, learned counsel appearing for the Jaipur Development Authority, that vide Resolutions dated 10.04.2002 and 13.10.2008, the Building Plan Committee (BPC) had proposed reduction of the road from 100 feet to 40 feet at some places and 60 feet at some other places. Some demolitions were also carried out when further encroachments were made on the road, but that so far the requisite amendment in the Master Development Plan-2025, has not been made.

6. The correspondences, annexed to the writ petition, would show that instead of demolishing the constructions, a request has been made to the Railways to surrender the land on the other side of the road, so that the width of the road may be maintained to 100 feet. In the developing City of Jaipur, the entire planning gets disturbed when the JDA does not take sufficient steps to stop the constructions on the roads, parks and public places. The road proposed in the Master Development Plan-2025, is essentially a part of the development, which could not be compromised for the persons, who have encroached on them with impunity. It is difficult to believe that the khatedars of the land had made applications under Section 90B of the Rajasthan Land Revenue Act, and get their land converted into residential on the roads. No such orders have been placed before us, by which regularisation under Section 90B was made on the 100 feet road, on the basis of which the plots were carved out and sold.

7. A Government Order, dated 09.02.2013, has been placed before us, in which a decision has been taken by the State Government that all those residential colonies, which were developed prior to 17.06.1999, and for which layout plan were already approved, in which on account of residential constructions it is not possible to d