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2018 Supreme(Raj) 1583

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Aditya Vihar Vikas Samiti – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Mr. Ajeet Bhandari with Mr. Jitendra Mishra.
For the Respondent:Mr. Rajendra Prasad, Additional Advocate General, assisted by Mr. Surya Pratap Singh Mr. Bharat Vyas with Mr. Sandeep Pathak and Ms. Jaya P. Pathak.

JUDGMENT :

Mohammad Rafiq, J.

1. This writ petition has been filed by petitioners challenging constitutional validity of the Rajasthan Urban Areas (Sub division, Reconstitution and Improvements of Plots), Rules, 1975 (for short, ‘the Rules of 1975’), especially its Rule 12 and Bye-law 8.10(5) of the Jaipur Development Authority (Jaipur Regional Building) Regulations, 2010 (Building Bye-laws) (for short, ‘the Regulations of 2010’) with further prayer that the order dated 03.01.2014 passed by the Deputy Commissioner Zone-7, Jaipur Development Authority, Jaipur (Annexure-1) and the order dated 13.12.2014 issued by the Joint Secretary-III, Urban Development Department, Government of Rajasthan (Annexure-4) and the order dated 16.01.2015 (Annexure-5) and modified order dated 20.01.2015 (Annexure-6) passed by the Deputy Commissioner Zone-7, Jaipur Development Authority, Jaipur, and the approval of plans dated 30.04.2015 (Annexure-8) granted by the respondent no.2, may be quashed and set aside, and the respondents no.3 to 8 may be restrained from making any construction on the land of their plots pursuant to above modified plan approved by the Jaipur development Authority on Plots No.41, 42,

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