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2019 Supreme(Raj) 350

S.RAVINDRA BHAT, DINESH MEHTA
Ahmad Ali Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Mr. Moti Singh, Advocate.
For the Respondent:Ms. Rekha Borana, AAG, Mr. Ravi Bhansali, Senior Advocate assisted by Dr. Pratishtha Dave, Mr. Kapil Kachhawah, Mr. Vipul Dharnia & Mr. Shubham Modi, Advocates.

JUDGMENT :

S. Ravindra Bhat, J.

1. In this Public Interest Litigation, direction for quashing changes in the Master Plan of Kuchaman City (Master Plan 2010-2031), by which a bus stand is sought to be constructed, has been claimed.

2. The Kuchaman City Master Plan 2010-2031 (hereafter referred to as "the MP") was framed under the authority of Section 3 of the Rajasthan Urban Improvement Trust, 1959, and the Rules framed thereunder i.e. the Rajasthan Urban Improvement Trust Rules, 1962. By virtue of the provisions of the Rajasthan Municipalities Act, 2009 (hereafter referred to as "the 2009 Act"), the Municipal Board, Kuchaman City (hereafter "the board") prepared the plan. The petitioner relies upon the map designating the land use, especially in khasra Nos. 2782/2372 and 2783/2389 and submits that these were reserved for stadium and playground besides parking place. It is alleged that other uses are expressly barred. The khasra numbers in question, according to the petitioner, are designated in the revenue records as Gair Mumkin Khadda (open depressive land) for the reason they are situated at the end of a slope or lower level resulting in collection of rain water seasonally. Original




































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