The availability of an alternative statutory remedy under Section 194(12) of the Act of 2009 and the requirement to establish locus standi for filing a writ petition.

JUDGMENT :

1. The matter has been listed in the category of ‘for orders’. With the consent of learned counsel for the parties, the matter is heard finally today, itself.

2. The instant writ petition has been filed by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-

“(a) the respondents may kindly be directed to remove all type of illegal constructions raised over the land in question on the basis of forged, fabricated and concocted documents and restrained in raising any type of construction over the land in question.

(b) the respondents may kindly be directed not to grant any permission of construction of commercial complex on the land in question to the private respondent and if any permission in this regard has been granted, the same may kindly be cancelled and also cancelled all proceedings initiated for grant of permission of raising construction of commercial complex.

(c) the respondents may kindly be directed to fill up the pit dugout at the site over the land in question hence forth.

(d) the respondents may kindly be directed to not to issue new patta of the land in question to the private respondent as the private respondent is having no patta of the land in question as the land is with the petitioner and for using it for construction of Ramdwara and Satsang Bhawan because the same has been handed over to the petitioner by the owner of the property

(e) any other appropriate order or direction which this Hon’ble Court deem just and proper be passed in favour of the petitioner.

(f) Costs of this writ petition may kindly be allowed to the petitioner.”

3. Brief facts of the case are that within the territory of Abu Road, there is a temple of Shri Ramji under the trust of Ramji Mandir Trust, which is being possessed by Bhakati Hardya Sharan without having any right, title and interest over it. There is a land admeasuring 33 sq fts x 36 sq fts= 1188 sq fts in Ward No.10 near the house of Ishwar Singh Choutharam, Sadar Bazar, Abu Road which is in the name of Shri Bhagwan Kishan Swaroop son of Shanti Swaroop Agarwal, resident of Akara Bhatta of Abu Road. The respondent Bhakati Hardya Sharan started illegal construction over it without sanction/permission of the respondent-Municipal Council, Abu Road, upon which, various complaints were made to the respondents. After coming into knowledge about the complaint, the respondent-Bhakati Hardya Sharan submitted an application for sanction/permission of construction based on the forged documents. The Municipal Council processed the application for sanction/permission of raising construction in the year 2018 over the land of patta No.537 dated 29.09.1943. In the report, a fact came to knowledge that the applicant-respondent had shown the size of land as 33 sq.fts x 36 sq.fts=1188 sq.fts whereas, the size as shown in Patta No.537 for plot is 28 sq.fts x 45 sq.fts = 1260 sq.fts, and from the map, the same was not being tallied. Furthermore, the four corners of the plot in question did not match. Considering the application for sanction of construction, the Municipal Council took two decisions viz. (1) Issue notice for filling up of pit and (2) Asked Senior Town Planner, not to proceed further for making conversion of the land from residential to commercial.

4. The respondent-Municipal Council, Abu Road, looking to the public agitation in regard to the illegal dugout, made construction without issuing of NOC in this regard by the Municipal Council, Abu Road and the respondent-Bhakati Hardya Sharan was restrained for raising any type of construction unless and until the sanction of construction is issued and the raw material lying at the site was also seized and in this regard, a news item was also published in the news paper. The respondent Municipal Council, Abu Road vide its letter dated 16.5.2019 (Annexure-3) sought a technical opinion in regard to the grant of mixed permission of residential as well as the commercial, over the land in question