Advocates:
['PANKAJ KUMAR BOHRA', 'KUMAR JAIN NIRAJ KUMAR JAIN', 'DR P DAVE', 'MM DHERA', 'AK DHERA']

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D.B.Civil Writ Petition (PIL) No.8705/2015

19.8.2015

HON’BLE CHIEF JUSTICE MR.SUNIL AMBWANI

HON’BLE MR.JUSTICE AJIT SINGH

Mr.Niraj Kumar Jain for the petitioners.

Mr.M.M.Dhera for the respondents No.3 to 5.

A preliminary objection has been taken that a civil suit

has been filed by the private respondents restraining the respondents

from interfering in the constructions, in which an interim injunction

has been granted by the trial court. The 11 persons have applied for

impleadment in the suit including the petitioners, who have filed this

public interest litigation.

It is submitted that the constructions are being made

strictly in accordance with the building plan and that the petitioners

having alternative remedy, should not be heard by this Court.

We have examined the order granting interim injunction

dated 11^th June, 2015, in which the trial court has recorded its

satisfaction regarding the ownership and existence of sanctioned plan.

The trial court, however, has not made any observation regarding the

extent of constructions being carried out and whether the

constructions are made strictly in accordance with the building plan.

Learned counsel for the petitioners has relied on the site

inspection report by the Municipal Council, Balotra District Barmer, in

which it is clearly recorded that on 2.6.2015 at the time of site

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inspection, it was found that the basement was complete and the

work of ground floor was started. The constructions were not raised in

accordance with the sanctioned building plan and that the excess

land was being covered under the constructions. A site inspection

report alongwith map was prepared, which was not annexed with the

writ petition.

The Municipal Council, Balotra is directed to inspect the

site again within a week and to submit a detailed report about the

area covered by the constructions; the extent of constructions; and

whether the constructions are being raised in accordance with the

sanctioned building plan. The Municipal Council will also report as to

whether the constructions are being made for residential purposes or

for commercial purposes. The Municipal Council will also enclose the

copy of the sanctioned plan and the site inspection report and will

also take the photographs of the site and annex with the report. The

report duly verified by the Executive Officer of the Municipal

Council, Balotra, will be submitted within two weeks.

The respondents are directed to extend their full

cooperation in the inspection.

List on 16^th September, 2015. A copy of this order will be

served on the Municipal Council, Balotra District Barmer by the

petitioners.

(AJIT SINGH)J.

(SUNIL

AMBWANI)CJ.

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Parmar