Advocates:
['RAKESH KUMAR', 'AMIT GUPTA', '', 'DR P C JAIN']

Cw5337/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

ORDER

IN

S.B. Civil Writ Petition No.5337/2015

With

Stay Application No.4776/2015

Gulab Chand Saini Vs. Chief Executive

Officer, Jaipur Nagar Nigam, Lal

Kothi, Jaipur and Others

Date of Order ::: 10.07.2015

Present

Hon'ble Mr. Justice Mohammad Rafiq

Shri Rakesh Kumar, counsel for petitioner

Dr. P.C. Jain, counsel for respondents

####

By the Court:-

This writ petition has been filed by petitioner

Gulab Chand Saini with prayer that notice dated

30.03.2015 and 08.04.2015 issued to him by the

respondents no.2 be quashed and set aside.

The dispute is about the plot of the petitioner

in the size of 13'x20', which, according to the

petitioner, is situated in khasra no.124 of village

Nahargarh. The petitioner claims to have purchased this

plot from respondent no.4 Jaipur Balmiki Grah Nirman

Sahakari Samiti Limited.

According to learned counsel for petitioner,

the mauka report dated 23.05.2014 prepared by Patwari,

pursuant to direction of the District Collector,

fortifies his case that his plot is situated in khasra

no.124. It is argued that 'gair mumkin bawri' in 10

biswa of land is situated in khasra no.123. The

petitioner has not made any encroachment into the land

of bawri in khasra no.123, and he would have no

objection in case the encroachment if find by the

Cw5337/2015

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respondents is removed immediately. However, the

grievance of the petitioner is that correct measurement

should be made before the respondent proceeds to do so.

He should not be put to inconvenience merely because

his plot/house is situated in adjacent khasra no.123

and on that basis, his house may not be demolished. It

is argued that in the report prepared by EDM on

13.02.2015 it is evident that due to high walls, dense

population and shrubs, many difficulties were faced in

getting the EDM survey conducted. Thus, it is argued

that survey was properly not conducted and correct

measurement of khasra no.124 and 125 and their location

was not completely accepted. Payer is made that Land

Settlement Commissioner be directed to afresh make

measurement of land of khasra no.123 and determine the

location of khasra no.123 and 124.

Learned counsel for the petitioner argued that

the land of petitioner bearing khasra no.124 is

situated towards southern side of khasra no.123.

Earlier also notice was served on the petitioner but

the Jaipur Development Authority got the survey of the

land conducted. Ultimately, the Jaipur Development

Authority was convinced that the alleged encroached

site is situated on land of khasra no.125, which is

recorded as 'gair mumkin abadi' land and the

proceedings under Section 90B of the Land Revenue Act,

1956, were also drawn by the Jaipur Development

Authority with regard thereto and that the plot in

dispute was alloted to the petitioner by the Housing

Cooperative Society. The Jaipur Development Authority

therefore vide order dated 12.02.2013 decided to

withdraw the notice under Section 72 of the Jaipur

Cw5337/2015

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Development Authority Act, 1982 served on the

petitioner.

Learned counsel for the respondents opposed the

writ petition and submitted that EDM survey was

authoritatively

conducted

and

that

despite

difficulties, survey is perfectly correct. The team,

which conducted the survey, found the construction to

the extent of 8.663 meter in north-south boundary of

khasra no.123 and also found structure of bricks in

22.866 meter land from east to west boundary of khasra

no.123, which adjoins the land of khasra nos.124 and

125 on its southern side.

Having regard to the facts of the case, writ

petition is disposed of requiring the respondents to

make correct measurement of khasra no.123 with the help

of Tehsildar and Patwari concerned, and restore the

kha