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NUPUR BHATI
Bajrang Stone Art – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. All these writ petitions involves common/identical issue for adjudication by this Court, thus, are being decided by a common order.
2. These writ petitions have been filed in sum and substance for the following reliefs:
“(i) by an appropriate writ, order or direction, impugned Order dated 07.10.2020 (Annx.3) issued by the respondent No. 3 Authorized Officer-cum Deputy Commissioner (West). Jodhpur Development Authority, Jodhpur as well as Notice dated 13.02.2020 (Annx.2) issued by the respondent No. 4 Tehsildar (West), Jodhpur Development Authority, Jodhpur as also entire proceedings as carried out pursuant thereto, may kindly be declared illegal and accordingly, be quashed and set aside.
(ii) by an appropriate writ, order or direction, the respondent authorities may kindly be directed to consider the application for change of land use submitted by the petitioner-firm and accordingly. grant necessary permission to this effect in favour of the petitioner-firm after depositing the necessary charges forthwith.
(iii) by an appropriate writ, order or direction, the respondent authorities may also kindly be directed to allow the petitioner-firm to carry out its business/operate th
Accrued rights from previous land use approvals must be respected despite new regulations; Town Planner's jurisdiction to deny building plan approval was not established.
The main legal point established in the judgment is that under Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976, if the land is not acquired within the specified period, the....
Point of law : Right of a person to construct residential houses in the residential area is a valuable right. The said right can only be regulated in terms of a regulatory statute but unless there ex....
The court emphasized that the petitioner should approach the appropriate authority if an adverse order is passed by the Government, as the matter is pending with the Government.
existence of an alternative remedy whether adequate or not, does not alter the fundamentally discretionary nature of the High Court’s writ jurisdiction and, therefore, does not create an absolute bar....
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