HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 4039/2021

1.

Dalpat Singh Gehlot S/o Shri Rawat Singh Gehlot, Aged

About 49 Years, R/o 9Th Mile, Nagaur Road, Mandore,

Jodhpur (Raj.).

2.

Narpat Singh Gehlot S/o Shri Rawat Singh Gehlot, Aged

About 54 Years, R/o 9Th Mile, Nagaur Road, Mandore,

Jodhpur (Raj.).

3.

Jai Prakash Gehlot S/o Late Shri Jagdish Singh Gehlot,

Aged About 52 Years, R/o 9Th Mile, Nagaur Road,

Mandore, Jodhpur (Raj.).

4.

Rajesh Gehlot S/o Shri Jethu Singh Gehlot, Aged About

51 Years, R/o 9Th Mile, Nagaur Road, Mandore, Jodhpur

(Raj.).

5.

Suresh Gehlot S/o Shri Chhel Singh Gehlot, Aged About

54 Years, R/o 22/c Bhagat Singh Marg, O/s Nagori Gate,

Jodhpur (Raj.).

----Petitioners

Versus

1.

State Of Rajasthan, Through The Secretary, Department

Of Local Self Government, Jaipur (Raj.).

2.

The Project Director And Chief Engineer, National Highway

Division, Jodhpur.

3.

The Executive Engineer, National Highway Division, Public

Works Department, Jodhpur.

4.

The District Collector, Jodhpur.

5.

The Competent Authority (Land Extinction) And Additional

District Collector (Third), Jodhpur.

6.

The Public Land Protection Cell, Jodhpur.

7.

The Commissioner, Jodhpur Development Authority,

Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. Rajesh Panwar with Mr.Ayush

Gehlot

(2 of 3)

[CW-4039/2021]

HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

15/03/2021

1.

By way of this writ petition, the petitioners are seeking

directions to the respondents to demolish the illegal constructions

raised on National Highway (NH)-65. Further, directions are sought

for construction of the service lane abutting the NH-65.

2.

Precisely, the grievance of the petitioners is that the land

was acquired for construction of NH-65 and the compensation was

paid but some of the persons have not surrendered the land and

raised constructions unauthorisedly over the land forming part of

the highway. The petitioners made representations for removal of

the encroachments, but to no avail.

3.

In Gulab Kothari vs. State of Rajasthan & Ors.:D.B.Civil Writ

(PIL) Petition No.1554/2004, this Court while dealing with the

issue regarding encroachment on public way, vide order dated

12.1.2017, issued the directions to the Local Authorities and the

State Government in the following terms:

“205…...xxxx…...

(xix) The local authorities and the State Government shall

take immediate steps to check the encroachment and

unauthorised constructions over the public ways and

footpaths. The encroachment made on the footpath and

public way by way of putting stairs, ramps, hoardings or

fencing etc. in various cities and towns of the State shall be

removed in accordance with law, expeditiously.”

4.

That apart, while dealing with the issue of adherence to the

norms laid down for providing green belt abutting the highway, the

Court issued directions as under:

“145. Indisputably, specific provisions are incorporated in the

Master Development Plans of the major cities that the land in

the width of 100 ft. abutting the highways after right to way

(3 of 3)

[CW-4039/2021]

shall be left open as green belt for dense plantation and the

development work as permissible shall be undertaken only on

the land after the green belt. As a matter of fact, the violation

of the norms laid down as also the necessity to take

appropriate measures to implement the norms laid down

strictly and to undo the violation made is not even disputed

before this court. To the contrary, learned AAG has taken the

specific stand that the norms laid down for providing green

belt on both the sides of the highways have to be followed

and therefore, appropriate steps shall be taken to ensure the

implementation of the norms and for removal of the

constructions, if any raised, in violation of the norms. In this

view of the matter, this court is not require