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VIVEK RUSIA, AMAR NATH (KESHARWANI)
Suresh Patidar – Appellant
Versus
Indore Municipal Corporation Commissioner – Respondent
JUDGMENT
Vivek Rusia, J. - Regard being had to the similitude in the controversy involved in the present cases, with the joint request of the parties, these matters are heard finally and are being decided by this common order.
2. This is the third round of litigation before this Court regarding the challenge to the widening work. The State Government published a draft Master Plan for Indore City, 1991 in which 80 feet wide link Road was proposed from A.B. Road to Ring Road via and Saket Nagar (in short- 'the Road'). The 80 feet wide Road from A.B. Road to the house of Jankilal Bhaiya had already been constructed. Thereafter, Indore Master Plan, 2021 came into force w.e.f. 01.01.2008 in which the width of the road has been reduced to 40 feet Since there was a delay in the construction of the second part of the 80 feet wide Road from the house of Jankilal Bhaiya to Ring Road by Indore Municipal Corporation, a Writ Petition in the nature of Public Interest Litigation i.e. W.P. No.698 of 2002 (PIL) came to be filed before this Court. The petitioner being an association of residents of the locality alleged that the Indore Municipal Corporation and Town & Country Planning Department are no
The court emphasized the need for strict compliance with the Master Plan and previous court directions in road construction and widening cases.
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 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....
The main legal point established in the judgment is that the approval of the IPLP and the exercise of suo moto jurisdiction by the Commissioner, Nandyal municipality were found to be beyond the legal....
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