Back
VIJAY BISHNOI
Shanti – Appellant
Versus
Jodhpur Development Authority – Respondent
JUDGMENT
Vijay Bishnoi, J. - This writ petition has been filed on behalf of the petitioner essentially being aggrieved with the allotment of 500 square meters of land of Khasara No. 62/5 of Village Imam Nagar for the purpose of construction of new Panchayat Bhawan of Gram Panchayat Imam Nagar Rabadiya. The said allotment was made by the respondent No. 1 - Jodhpur Development Authority, Jodhpur (hereinafter to be referred as 'the respondent No. 1 - JDA') vide allotment letter dated 12.10.2021.
2. The petitioner has also challenged the order dated 10.03.2022 passed by the District Program Coordinator Mahatma Gandhi NREGA and District Collector, Jodhpur (hereinafter to be referred as 'the District Collector, Jodhpur'), whereby it has sanctioned the amount of Rs. 39.12 lac for the purpose of construction of new Gram Panchayat Bhawan and a multipurpose hall for the use of self help group as well as for panchayat use at Gram Panchayat Imam Nagar Rabadiya.
3. The petitioner is Up-Sarpanch of Gram Panchayat Imam Nagar Rabadiya, Panchayat Samiti Dhwa, District Jodhpur and is claiming that the land allotted for the purpose of construction of new Panchayat Bhawan is not suitable place for the sa
The importance of Gram Sabha resolutions for construction decisions and the non-statutory nature of guidelines issued by the State Government.
The court emphasized the importance of demonstrating malafide or violation of law in challenging administrative decisions such as land allotment.
The petitioner must demonstrate malafide or violation of law to challenge the allotment of land for construction.
The court emphasized that new issues cannot be raised in a writ petition that were not raised before the lower courts, and the court cannot adjudicate the appropriate location for the construction of....
The administration has the discretion to decide the location of government/public buildings, and the court will not interfere unless the decision is irrational, arbitrary, or mala fide.
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
Judicial review of administrative decisions related to the construction of public utility buildings is limited to cases of flagrant violation of law/rules or malafides.
Judicial review of administrative decisions is limited to instances of legal violations or malafide actions, reaffirming the authority of government functionaries in public utility matters.
The selection of the site for the construction of a Panchayat Sarkar Bhavan is under the exclusive jurisdiction of the Gram Panchayat and the State Government, and the court will not intervene in suc....
The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
