HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 18829/2018

1.

Ankur Pareek Son Of Late Shri Banshidhar Pareek, Aged

About 28 Years, Resident Of 8/124, Vidhyadhar Nagar,

Jaipur.

2.

Abhishek Pareek, Son Of Shri Rajendra Kumar Pareek,

Aged About 31 Years, Resident Of 8/241, Vidhyadhar

Nagar, Jaipur.

----Petitioners

Versus

1.

Jaipur Municipal Corporation, Through Its Chief Executive

Officer, Lal Kothi, Tonk Road, Jaipur.

2.

Assistant Commissioner, Jaipur Municipal Corporation,

Mansarovar Zone, Kiranpath, Mansarovar, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Shobhit Tiwari, Adv.

For Respondent(s)

:

Mr. K.S. Rawat, Adv. for

Ms. Naina Saraf, Adv.

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

28/05/2019

1.

The petitioners by this writ petition have prayed for directing

the respondents to allow the change of land use from residential

to commercial land and to remove the seal from the premises of

the petitioners and accept the compounding application to

compound the construction of the second floor.

2.

Petitioners submit that they have Housing Board Plot bearing

No.119/483 situate at Madhyam Marg, Mansarovar, Near Thadi

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[CW-18829/2018]

Market. The lane where the plot is situated is a commercial zone

and the road on the plot is 80 ft wide. Both the sides of the road,

commercial activities are going on. Petitioners have submitted

plan for construction of two storied building and after the approval

constructed the plot which is of 162 square meters of size. No

prior permission is required to be taken in a plot size which is less

than 500 square meters and there was no impediment for

construction. Accordingly the composite filing including change

type of documents of property were submitted alongwith the map

and construction plan to the corporation and change of land use

was requested and fees was also deposited on 08.07.2014 for the

purpose but orders have not been passed. The petitioners

constructed the premises whereafter notice was served upon them

on 09.07.2015 for construction without approval and another

notice thereafter was sent on 21.08.2015 by alleging that no front

set back has been left.

3.

Learned counsel appearing for the petitioners has submitted

that the construction was as per the bye-laws and also relying on

the gazette dated 01.02.2013 whereby the Jaipur Municipal

Corporation Land Irregular Construction/Compounding/Regulations

2012 (hereinafter referred to as ‘the Regulations of 2012) were

enacted mentioning therein the amount to be charged for any

irregular construction and for compounding the same and prays

that the respondents to be allowed to accept the compounding

fees for the said purpose and open the seal put by the

respondents on the second floor.

4.

In reply to the writ petition, the respondents have submitted

that the petitioners have constructed the building without leaving

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[CW-18829/2018]

the appropriate set backs and the irregular constructions made

without leaving set backs as resulted in the sealing of the plot.

5.

I have considered the submissions find that the Regulations

of 2012 provides for compounding of set backs. It is also noticed

that in the Master Plan of Jaipur, the Madhyam Marg of

Mansarovar has been listed in Table 2-5 as Road on which mixed

land use is permitted. Thus, it is apparent that the petitioners’

property which is situated at Madhyam Marg, Mansarovar were 80

Ft., therefore, application for conversion was required to be

decided accordingly. It is also noticed from the photographs

attached with the file that there are other property situate on

Madhyam Marg which are being used for commercial purposes as

well as the residential purposes. Accordingly this Court finds that

the action of the respondents in sealing the second floor of the

petitioners premises was unjustified and illegal and the petiti