The need for strict conformity to the Gulab Kothari judgments in cases of land use regularizations and concerns about regularizing occupations and encroachments in eco-sensitive zones, catchment areas, water bodies, riverbanks.

JUDGMENT

1. By way of this writ petition in the nature of Public Interest Litigation, the petitioner has made the following prayers:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased:-

(i) Issue a Writ in the nature of mandamus or any other Writ/Order/Direction thereby quashing the impugned public notice for camp organization from 2.10.2021.

(ii) To issue a writ, order or direction in the nature of mandamus, directing Respondents not to make subsequent modifications in plans after Master Development Plans have come into operation otherwise such modifications will affect material alterations in the character of the plans as per Section 25 of the Jaipur Development Act, 1982.

(iii) To issue a writ, order or direction in the nature of mandamus, directing Respondents to produce before the Hon'ble Court all compliances/modifications suggested/ made as per statutory provisions, laws, Acts in all Municipalities, Municipal Corporations of all the 33 Districts of Rajasthan by the Development authorities, Collectors, Urban Local Bodies as ordered by the Hon'ble Court in D.B. Civil Writ Petition No. 1554/2004 and other connected matters.

(iv) To issue a writ, order or direction in the nature of mandamus, restraining the Respondents from conducting any activity without seeking courts 'permission as matter is subjudice not only before High court but also before Hon'ble Supreme Court.

(v) To issue a writ, order or direction in the nature of mandamus, directing the State Respondents that every modification under the provisions section 161, section 162 of Rajasthan Municipalities Act 2009 shall be published, objections shall be invited, notice shall be issued, all objections and suggestions shall be considered and modification shall come into operation after Hon'ble Court grants permission for the same after seeing original records, the motion passed by Municipalities to undertake revision of their earlier plans, fresh civic survey conducted, changes incorporated in existing plans and all deviations.

(vi) To issue the Writ of Certiorari or any other writ, order or direction to quash and set aside the impugned Government decision dated 02.10.2021 from giving effect to the impugned Government decision of the State Government to the extent it seeks to regularize the illegal constructions planned according to old Master Plans/Zoning regulations/ regulations/ Building Byelaws.

(vii) Any policy/notification/order/circular issued to convert the illegal commercial constructions may be quashed and set aside.

(viii) To issue a Writ of Prohibition or any other writ, order or direction to restrain and prohibit the respondents No unauthorized change of land use/constructions should be permitted to be regularized on 'as it is where it is' basis frustrating the very object of planned development of the town/cities contemplated under the various statutes and reflected in the Master Development Plan and Zonal Development Plan. In this view of the matter, unless the Zonal Development Plans and Sector Plans are prepared and notified, the question of the prescribed authorities proceeding with the consideration of the applications for regularization of unauthorized use or constructions in the areas governed by Master Development Plan notified in accordance with the procedure laid down under the relevant statute, does not arise. The State Government and its authorities instead of showing its concern for regularization of unauthorized development/constructions raised by the unscrupulous persons taking law in their hands, must first ensure that the Zonal Development Plans/Sector Plans for the entire local area regulated by Master Development Plan are finalized and notified in accordance with law and thereafter, the matter with regard to regularization of unauthorized development/ constructions which fulfills the requirement of the infrastructure facilities and amenities and are found to be strictly in consonance with the Master Dev