HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition (PIL) No. 18601/2024 Jitendra Kumar Sadhwani S/o Sewa Ram ----Petitioner Versus State of Rajasthan & Ors.

----Respondents For Petitioner(s) : Mr. Sanjay Joshi For Respondent(s) : Mr. G.S. Gill, AAG with Ms. Shikha Sharma Mr. Manoj Sharma, AAG with Ms. Pooja Sharma HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

23/09/2025

1. Having noticed the reply filed by the Deputy Commissioner, Hawa Mahal, Amer Zone, Nagar Nigam Heritage, Jaipur, wherein documents have been filed reflecting that notices were issued to the owners/representatives of the properties which had been illegally constructed.

2. We find that in spite of the notices having been issued, for stopping/removing the illegal constructions, the concerned persons have proceeded to make permanent construction and buildings have been erected.

3. It would be apposite to quote various paras of the reply filed by the Municipal Corporation which are as under:

“4. That one Shri Subhash Agarwal S/o Shri Chiranji Lal Agarwal made a complaint regarding illegal and unauthorized construction on Plot No.85, Rajamal Ka Talab, In front of Tanwar Colour Lab, Chandi Ki Taksal, Jaipur. On receipt of the said complaint, the inspection of the site was made by the staff of the answering respondent Corporation. On spot it was found that Shri Vinayak Agarwal S/o Shri Dinesh Agarwal has raised unauthorized construction of G+3 floor house facing west & north side on the plot in question. Consequently, notice No.222 dated 15.3.2024 was issued to the owner of the house under the provisions of Rajasthan Municipalities Act, 2009 (hereinafter referred to as the Act of 2009) for removing the unauthorized construction within three days, failing which it was stated that further action in terms of section 194/287 of the Act of 2009 will be taken. However, despite notice when the unauthorized construction was not removed, again a final notice dated 21.3.2024 was issued and unauthorized construction was stopped. However, the owner of the house continued with the unauthorised construction work and as such vide seizure order No.49 dated 23.5.2024 issued under section 194(7) (f) of the Act of 2009, the premises in question was seized for 180 days. Copies of the notices dated 15.3.2024, 21.3.2024 and seizure order dated 23.5.2024 are submitted herewith and marked as ANNEXURES R-1, R-2 & R-3 respectively. However, the owner of the house in compliance of the order dated 14.7.2022 deposited security amount of Rs. 4,97,700/- on 11.6.2024 and further submitted an affidavit for removal of unauthorized construction at his own and as such Director and Joint Secretary, Local Self Department, Rajasthan, Jaipur vide letter dated 8.8.2024 permitted the answering respondent Corporation for release of the seizure on the conditions mentioned in the said letter. A copy of the letter dated 8.8.2024 is submitted herewith and marked as ANNEXURE R- 4. Accordingly, the premises in question has been released from seizure. The photographs of the premises in question is submitted herewith and marked as ANNEXURE R-5.

5. That a complaint was received through local newspapers and electronic media about a labour falling and getting injured from an illegal building under construction. Pursuant to the said complaint, the inspection of the site was made. On spot, it was found that House No.74, Rajamal Ka Talab, In front of Devi Typing, Janta Market Road, Chokdo Sarhad, Jaipur, made unauthorized construction of G+1 floor in the house facing west and further for raising construction of second floor unauthorized work of centring and shuttering with fantas was going on. Consequently, notice No.216 dated 5.3.2024 was issued to the house owner under the provisions of the Act of 2009. However, despite notice when unauthorized construction was not removed, again a final notice No.23 dated 2.5.2024 was issued under the Act of 2009 and unauthor