Advocates:
['SANDEEP PATHAK', '', 'IMRAN KHAN', 'ZAKIR HUSSAIN', 'LAXMIKANT', 'LAXMIKANT SHARMA', 'ANIL MEHTA AAG']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 5968/2021

Rajkumar Shukla S/o Late Shri Swayam Prakash Shukla, R/o Plot

No. 5, Bhairav Nagar, Sodala, Jaipur, Rajasthan.

----Petitioner/Defendant No.1

Versus

1.

Shyam Lal Sharma S/o Late Shri Sukhdev Sharma, Aged

About 65 Years, R/o Plot No. 4-A, Bhairav Nagar, Sodala,

Jaipur (Rajasthan).

Respondent/Plaintiff

2.

Nagar Nigam Jaipur, Through Commissioner, Nagar Nigam

Heritage, Pandit Deendayal Upadhyay Bhawan, Lalkothi,

Tonk Road, Jaipur (Rajasthan).

3.

Nagar Nigam Jaipur, Through Deputy Commissioner, Civil

Lines Zone, Nagar Nigam Heritage, Jaipur (Rajasthan).

----Respondents/Defendants

For Petitioner(s)

:

Mr. Sandeep Pathak, through V.C.

Mr. Zakir Hussain, through V.C.

For Respondent(s)

:

Mr. Anil Mehta, AAG, through V.C.

Mr. R.K. Daga with Mr. Laxmi Kant

Sharma, through V.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

17/01/2022

1.

This writ petition has been filed by the petitioner-defendant

No. 1 challenging the ad-interim orders passed by the learned trial

Court as well as lower appellate Court directing the parties to

maintain status quo and not to make any further construction over

the property in dispute.

2.

Learned counsel appearing on behalf of petitioner-defendant

No. 1 submits that the permissible height as per the Unified by-

laws is 12.5 meters. Counsel further undertakes that the

(2 of 2)

[CW-5968/2021]

petitioner-defendant No. 1 will not construct the building beyond

the permissible height of 12.5 meters.

3.

Mr. Anil Mehta, AAG appearing on behalf of respondent Nos.

2 & 3 submits that the permissible height of the building in

question is upto 12.5 meters. Counsel further submits that liberty

be granted to respondent(s) to take action if there is any violation

of set-backs by the petitioner-defendant No. 1.

4.

In that view of the matter, I dispose of this writ petition with

the following directions;

(i) that the petitioner-defendant No.1 will not raise construction

beyond the permissible height of 12.5 meters.

(ii)

the Nagar Nigam respondent Nos. 2 & 3 are at liberty to take

action against the petitioner-defendant No. 1 in case the

petitioner-defendant No. 1 violates any by-laws with regard to the

set-backs.

5.

This order shall continue till final disposal of the temporary

injunction application by the learned trial Court.

6.

The orders passed by the Courts below stand modified

accordingly.

(INDERJEET SINGH),J

CHETNA BEHRANI /171