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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
[2026:RJ-JD:19351-DB]
D.B. Civil Writ Petition No. 6768/2024
D.B. Civil Writ Petition No. 17504/2022
D.B. Writ Contempt Petition No. 1222/2023
D.B. Civil Writ Petition No. 17268/2023
D.B. Writ Contempt Petition No. 211/2025
1. Rohit Nayak S/o Sunil Ji, Aged About 32 Years, Resident Of Civil Airport Road, Pabupura, Tehsil And District Jodhpur.
2. Kailash S/o Narayan Giri, Aged About 25 Years, Resident Of Ward No. 42, Civil Airport Rod, Pabupura, Tehsil And District Jodhpur.
----Petitioners
Versus
1. Union Of India, Through Secretary Department Of Defence Government Of India, New Delhi.
2. General Officer Commanding-In-Chief, Indian Army, South-Western Command, Jaipur.
3. Group Captain, Operation Of Chief, Air Force Station, Ratanada, Jodhpur.
4. Jodhpur Development Authority, Through Its Secretary, Jodhpur.
5. Director Local Self, Department Of Urban Development And Housing, Government Of Rajasthan, Jaipur.
6. District Collector, Jodhpur.
7. Senior Town Planner, Town Planning Department, Jodhpur.
8. Wing Commander, Command Atc Officer, Gandhi Nagar, Gujarat.
9. Adeshwar Infra Corporation Ltd., Through Its Director, Raj Kumr Golechha, Registered Office At 46/5, Ganga Niwas Building, Police Station Rod, Pali Marwar (E-Mail Golechharealtors@gmail.com)
10. Naman Buildcon, Through Its Director Shri Saket Bansal Son Of Sk Bansal, Registered Office At A 12 Karni Nagar, Pawanpuri Bikaner.
11. M/s Paradise Villa, Through Its Partner Sohan Raj Surana, Resident Of A-45, Shastri Nagar, Jodhpur.
12. Nirmala Shekhawat W/o Pritam Singh Rathore, Resident Of Ratanada Jodhpur.
13. Pooja Chetwani W/o Ashok Chetwani, Resident Of Shiv Shakti Nagar, Pawta C-Road, Jodhpur.
14. Mahalaxmi Buildmark Realtors, Through Its Partner Rajendera Kumbat, Resident Of Bakat Sagar, Sardarpura, Jodhpur (Rajasthan).
----Respondents
Connected With
D.B. Civil Writ Petition No. 17504/2022
1. Sachin S/o Prahalad Nayak, Aged About 22 Years, R/o.Civil Airport Road, Pabupura, Tehsil District Jodhpur.
2. Bhanwarlal S/o Kamal Kishor, Aged About 35 Years, R/o.Civil Airport Road, Pabupura, Tehsil And District Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.
2. Union Of India, Through Secretary Department Of Defence Government Of India, New Delhi.
3. Defence Estate Officer, Department Of Defence, Government Of India, Jodhpur Circle, 61 Umed Club Road, Jodhpur.
4. Group Captain, Operation Of Chief, Air Force Station, Ratanada, Jodhpur.
5. Jodhpur Development Authority, Through Its Secretary, Jodhpur.
6. Municipal Corporation Jodhpur, Through Its Commissioner, Jodhpur.
7. District Collector, Jodhpur.
8. Senior Town Planner, Town Planning Department, Jodhpur.
9. Tehsildar, Jodhpur.
----Respondents
D.B. Writ Contempt Petition No. 1222/2023
1. Sachin S/o Prahlad Nayak, Aged About 23 Years, Resident Of Civil Airport Road, Pabupura, Tehsil And District Jodhpur.
2. Bhanwar Lal S/o Kamal Kishore, Aged About 36 Years, Resident Of Civil Airport Road, Pabupura, Tehsil And District Jodhpur.
----Petitioners
Versus
1. Shri Anand Kumar, Secretary, Department Of Home, Government Of Rajasthan, Jaipur.
2. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.
3. Ms. Haritima, Secretary, Jodhpur Development Authority, Jodhpur.
4. Shri Himanshu Gupta, District Collector, Jodhpur.
5. Shri Nirbha Ram, Tehsildar, Jodhpur.
6. Mahesh Kumar Rathi S/o Shri Ramchandra Rathi, R/o Station Road, Lohawat, Phalodi, District Jodhpur.
7. Gopal Singh Bhati S/o Amar Singh Bhati, R/o 263, Ummed Heritage, Ratanada, Jodhpur.
----Respondents
D.B. Civil Writ Petition No. 17268/2023
1. Pabupura Panchayat Vikas Samiti, Jodhpur Through Its Treasurer Shri Bhanwar Lal Son Of Shri Kishan, Aged About 45 Years R/o Civil Airport Road, Pabupura, Tehsil And District Jodhpur.
2. Sarita W/o Jai Prakash, Aged About 40 Years, R/o Ward No.42, Civil Airport Road Pabupura, Tehsil And District Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.
2. Union Of India, Through Secretary Department Of Defence Government Of India, New Delhi.
3. General Officer Commanding In Chief, Indian Army South Western Command Jaipur.
4. Group Captain, Operation Of Chief, Air Force Station, Ratanada, Jodhpur.
5. Jodhpur Development Authority, Through Its Secretary, Jodhpur.
6. Municipal Corporation, Jodhpur Through Its Commissioner, Jodhpur.
7. District Collector, Jodhpur
8. Senior Town Planner, Town Planning Department Jodhpur.
9. Tehsildar, Jodhpur
----Respondents
D.B. Writ Contempt Petition No. 211/2025
1. Sachin S/o Prahlad Nayak, Aged About 24 Years, R/o Civil Airport Road, Pabupura,tehsil And District Jodhpur.
2. Bhanwar Lal S/o Kamal Kishore, Aged About 37 Years, R/o Civil Airport Road, Pabupura,tehsil And District Jodhpur.
----Petitioners
Versus
1. Shri Anand Kumar - Secretary, Department Of Home, Government Of Rajasthan, Jaipur
2. State Of Rajasthan, Through Secretary Department Of Home, Government Of Rajasthan, Jaipur
3. Ms. Bhagirath Bishnoi, Secretary/commissioner, Jodhpur Development Authority, Jodhpur.
4. Shri Gaurav Aggarwal, District Collector, Jodhpur.
5. Shri Kutendra Kanwar, Tehsildar Jodhpur.
----Respondents
For Petitioner(s) : Mr. Moti Singh with Mr. Siddharth Mewara
For Respondent(s) : Mr. Bharat Vyas, ASG & Sr. Advocate assisted by Mr. Vaibhav Bhansali, through VC
Mr. Pramod Gour for Mr. B.P. Bohra, Sr.CGC
Mr. Vikas Balia, Sr. Advocate assisted by Mr. Sachin Saraswat
Ms. Sulochana Bishnoi for Mr. B. L. Bhati, AAG
Mr. Aayush Gehlot for Mr. Rajesh Panwar, Sr. Adv. & AAG
Mr. Muktesh Maheshwari
Mr. Vinay Jain with Mr. Darshan Jain, Mr. Mudit Balia.
Mr. Rajat Dave
Mr. D. S. Rajvi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
23/04/2026
Order
D.B. Civil Writ Petition No. 6768/2024 :
D.B. Civil Writ Petition No. 17504/2022 :
D.B. Civil Writ Petition No. 17268/2023 :
1. Heard learned counsel for the parties.
2. The present batch of writ petitions involved a similar question of law and fact, therefore, they are being decided by this common order.
3. Since the facts are identical in all these writ petitions, therefore, the fact of D.B. Civil Writ Petition No. 6768/2024 (Rohit Nayak vs. Union of India) are taken into consideration.
4. The present public interest litigation has been filed by the petitioners seeking the following reliefs :-
“It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and by an appropriate, writ, order or directions may kindly be issued against the respondents in following manners.
a) That by an appropriate writ, direction or order may kindly be issued and the order dated 10.07.2023 (Annexure-38) issued by Jodhpur Development Authority, Jodhpur as well as the order dated 19.10.2023 (Annexure-40) issued by Joint Secretary, Urban Development Department, Government of Rajasthan may kindly be quashed and set aside.
b) That by an appropriate writ direction or order may kindly be issued and the NOC (Annexure-34) dated 22.06.2022 issued by Wing Commander, Command ATC Officer, Gandhi Nagar, Gujarat may kindly be quashed and set aside.
c) That by an appropriate writ direction or order may kindly be issued and the single patta dated 09.05.2011 (Annexure-17) and the order dated 13.04.2016 (Annexure-18) issued by Jodhpur Development Authority, Jodhpur may kindly be quashed and set aside.
d) That by an appropriate writ direction or order may kindly be issued and the application (Annexure-19) for change the land use submitted by the respondent-Adeshwar Infra Corporation may kindly be rejected.
e) That by an appropriate writ direction or order that the respondent may kindly be directed and the land mentioned in the survey report of 14.04.1996 (Annexure-4) the land of the Pabupura Abadi measuring 117 (Abadi), 16.10 (School), 9.16 (Arya Samaj), 8 (Funeral Ground), 38 (public roads), 227.09 (open space) may kindly be earmarked and demarcated with stone boundaries, further any kind of land use against the order dated 20.03.2003 may kindly be restricted.
f) That the land in question (Khasra No.632/3, 632/7 and 632/11) including Sub Division Number of original Khasra may kindly be declared no construction zone according to the provision of Works of Defence Act 1903 and the any kind of construction without prior approval of the Air Force Authority and Military Training Centre may kindly be declared illegal, arbitrary, unconstitutional and against the National Security.
g) That the respondent may kindly be directed to conduct the detail survey of the construction raised upon the Khasra No. 632/3, 632/7 and 632/11 with the team of Air Force Station and all kind of such constructions including any other structure of building may kindly be remove or demolish in the interest of national security.
h) That any other relief, which this Hon'ble Court deems fit, by which the petitioners may get full justice may also be allowed.”
5. The relief prayed for in the present writ petitions raised a concern about the matter of national security inasmuch as the construction of the buildings having been raised in the restricted area of the boundaries of the installations of the Indian Airforce and Indian Army in the Khasra No.632 of Pabupura, Jodhpur. It is stated in the writ petitions that the local authorities have granted construction permissions in the restricted zones of two vital installations of the Government of India posing a security threat. It is stated that the local authorities had granted construction permissions in gross violation of the guidelines/instrucitons of the notifications issued by the Ministry of Defence/Central Government from time to time. It is furth
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