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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, SANJEET PUROHIT
Ajay Marg Nirman Sangharsh Samiti – Appellant
Versus
State of Rajasthan – Respondent
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 14 , 15 , 27 , 40 , 45 , 51 , 52 , 53 , 54) |
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.18006/20
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 res....
Courts have to weigh the public interest vis-a-vis the private interest while exercising the power under Article 226 indeed any of their discretionary powers.
The court emphasized the need for strict compliance with the Master Plan and previous court directions in road construction and widening cases.
The designation of land for public purposes under the Karnataka Town and Country Planning Act does not lapse after a specified time, but the rights of property owners must be balanced against long de....
The redevelopment of urban areas must conform to the statutory master plan while balancing development needs and environmental protections, with close adherence to traffic management and social infra....
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.
The court emphasized that public interest in access to a completed public road outweighs private claims, disallowing obstruction based on width specifications set by plaintiffs.
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