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1999 Supreme(Raj) 116

P.P.NAOLEKAR, MOHD.YAMIN
Jaipur Development Authority – Appellant
Versus
State of Rajasthan & Two Others – Respondent


Advocates Appeared:
Bharat Vyas, for Appellant J.D.A. Ajay Rastogi, for Respondent No.2 R.S.E.B. Narendra Jain, for Respondent No.3

Honble NAOLEKAR, J.–Respondent No.3 Smt. Shashi Jain, writ petitioner, is owner of plot No. 595 measuring 272 square yards situated in Mahaveer Nagar, Tonk Road, Jaipur. Mahaveer Nagar, Tonk Road Jaipur where the plot of respondent No.3 is situated, is an approved colony. She had deposited development charges at the rate of twenty five rupees per square yards. The construction plan submitted by the respondent No.3 was duly approved by the Jaipur Development Authority, the appellant, on 2.4.1985. When the plot was purchased and the permission was sought for for construction, a High Tension Line (HTL) of electricity was passing over the plot of the respondent No.3. On an enquiry, she was informed by the Jaipur Development Authority that the HTL will be shifted along the road side. On 15th December, 1995 one Shri Sarvesh Jain received serious burn injuries on account of the HTL passing over the plot and the constructed building of the respondent No.3 and thus a writ petition was filed by the respondent No.3 seeking relief that HTL passing over her plot be removed immediately. The respondent No.3 sought further appropriate writ, order or direction directing the respondents (in the writ








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