RINESH GUPTA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner-Rinesh Gupta who is a practicing Advocate of the Rajasthan High Court has approached this Court through this writ petition under Art. 226 of the Constitution of India, in the nature of public interest litigation, inter-alia with the prayer to direct the State Government and its functionaries including the Jaipur Development Authority. Rajasthan Housing Board and Municipal Corporation to take strict and firm action thereby stopping, closing/removing, the commercial establishments and commercial centres viz;. fast food centres, hotels, hospitals, marriage lawn/homes, restaurants, small scale industries which are actively going on in the residential areas, inasmuch as, they are being run illegally and without seeking proper permission under the Urban Improvement (Change of use, of residential land or premises for commercial purpose) Rules, 1974. (hereinafter referred to as the 'Rules, 1974'); to direct the Secretary PHED and Rajasthan State Electricity Board not to give water and electricity connections in the existing commercial establishments in the residential areas; to direct the Finance Secretary that he should direct the Commercial Taxes Department to get the survey conducted by the independent authority or a team of higher officers in the matter of tax evasion; to direct the Home Secretary and the Excise Commissioner to take proper and firm action under the Excise Act and Rules against persons who are running wine shops/beer bars in the residential areas; to direct the secretary Medical and Health Department to initiate action against the runners of hospitals, nursing homes etc. which are being run in the residential areas without proper sanction and to close the same.

(2.) The writ petition was filed on 27.11.96 and it came to be listed before this Court for admission for the first time,on 29.11.96 and this Court issued show cause notices to the 'respondents. Notices of stay application were also issued end by an interim older the respondents were restrained from granting permission to any person or group of persons for changing use of residential purpose to that of commercial purpose till the disposal of the writ petition. The notices have ;been served and the replies have been filed on behalf of the respondents.

(3.) On 7.5.97, it was brought to the notice of the Court that most of the localities of Jaipur City which were allotted for residential purpose have been converted into commercial purpose in the form of shops, hotels,etc. which is causing much hardships and inconvenience to the residents of the localities and that the Rajasthan Housing Board and Jaipur Development Authority have failed in performing their statutory duties in preventing the conversion oP residential building into commercial buildings, in these circumstances, it was considered proper that a public notice be issued to the general public intimating them about the hearing of the case in order to void multiplicity of litigation. The Court directed the JDA to get a public notice published to this effect in daily newspapers; Rajasthan Patrika, Danik Navoyoti, Danik Bhaskar, Statesmen, Rashtradoot, Indian Express and Hindustan Times within three days. It was also ordered that the persons interested may file objections before this Court by 16.5.97 and the case was ordered to be listed for final disposal on 21.5.97. Since-the notice could not be published in English newspapers therefore, on the request of Mr.A.K. Gupta appearing on behalf of the petitioner, the Jaipur Development Authority was further directed to get the notice published in some English newspaper which is circulated in Rajasthan stating therein that any person interested may appeal before the Court and present their presences by 27.5.97. On 28.5.97 arguments were heard at length but could not be concluded. Meanwhile, Mr. Jagdeep Dhankad. Sr. Counsel filed an undertaking on behalf of the applicant Udaikant Mishra, Director Abhishek Estate Pvt. Ltd., Jaipur to the effect that the applicant would use the construction which shall be raised on Plot No. D-120, Kabir Marg, Bani Park, Jaipur only in conformity with the final direction of this Court in the aforesaid writ petition and would take steps himself to bring about the conformity. On the undertaking given by the applicant Udaikant Mishra by an order dated 29.11.96 was modified to the following effect, only in relation to the above named applicant: