The court mandated the Jaipur Development Authority to construct a planned 100 ft. road as per the Master Plan and remove all encroachments obstructing public infrastructure, emphasizing judicial restraint against arbitrary realignment favoring private interests.

JUDGMENT :

SANJEEV PRAKASH SHARMA, ACJ.

1. The residents of Pratap Nagar and adjacent colonies, which are housing colonies situated at Sanganer, Jaipur, after forming a society, preferred D.B. Civil Writ (PIL) Petition No.18006/2012 in the interest of its residents. It is stated that as per the Master Plan for Pratap Nagar Housing Board Scheme, there is a provision of 100 ft. wide road connecting the road adjacent to Sanganer Airport (Jaipur International Airport) to Haldi Ghati Road. The road was provided to reduce the traffic burden of main Tonk Road, but on account of several encroachments and unauthorized constructions in the area, marked as 'A' to 'C' in Master Plan (Annexure-22), the road is not being constructed and at several places encroachments have been made on the road itself, resulting in the road having been reduced from its original width of 100 feet. The road was to be jointly constructed and maintained by the Jaipur Development Authority (for short, JDA) and the Rajasthan Housing Board (for brevity, RHB).

2. The D.B. Civil Writ Petition (PIL) No.18006/2012 has been filed by the petitioners with the following prayers:

"i) to direct the respondents to remove unauthorized constructions and encroachment made over the area from mark 'A' to mark 'C' of Annexure-22 which are coming in the way of construction of 100 feet wide road.

ii) to direct the respondents to construct 100 feet vide road from mark 'A' to 'C' of Annexure-22 to give the residents of the Colony and other citizens and easy access to go to Pratap Nagar Rajasthan Housing Board Colony and the adjacent Colony instead of going from the heavily crowded road.

iii) to direct the respondents not to regularize the unauthorized constructions made over part 'A' to 'C' of Annexure-22.

iv) Any other order or relief which your Lordships deem proper under the facts and circumstances of the case may also be passed in favour of the petitioner."

3. It is stated that several representations had been given to various authorities and even the media reported several news relating to encroachments being done on the road area. It is stated that the Rajasthan Human Rights Commission also took up the issue relating to problems being faced by the residents and the Chief Estate Officer had also taken up the issue with RHB, but the road could not be constructed as per the Master Plan depriving the residents to have an easy access to Sanganer Airport Road and Haldi Ghati Road, instead were compelled to use the main Jaipur-Tonk-Kota Highway.

4. As per the sector plan of Pratap Nagar Housing Board Scheme (Annexure-22), there was a provision of 100 Feet wide road connecting Sanganer Airport (Near Cheelgadi Restaurant) to Haldi Ghati Road. It was going through Sectors 6 and 7 of Pratap Nagar Housing Board Scheme. Existence of this road is also evident from the map of Pratap Nagar Housing Board Scheme Annexure-32 and map of Sector 7, Pratap Nagar Housing Board Scheme Annexure-33.

5. For constructing of the road, land was acquired by the RHB in the year 1988 and possession of the land was taken by the RHB on 19.08.1989. The acquisition proceedings were challenged before this Court by khatedars of the land and housing societies in S.B. Civil Writ Petition No. 1163/1993: Badri Lal and Anr. Vs. The State of Rajasthan and Ors. The High Court noticed as under:

"By this writ petition the notification under Sec.4 and declaration under Sec.6 of the LAND ACQUISITION ACT have been challenged. This matter pertains to the acquisition of the land of the petitioner for which the notification under Sec.4 was issued on 7.3.88. The declaration under Sec.6 was issued on 4.11.1988. The power under Sec.17(4) was also exercised in the said notification. The submission of the learned counsel for the for the respondents is that physical possession has also been taken on 19.8.89 and that notice under Se