- (1.)Leave granted in all the cases. For convenience, it is desirable that we deal with the appeal arising out of SLP (C) No. 36356/2012 first.
This appeal has been preferred against the impugned judgment and order dated 27.9.2012 passed in D.B. Civil contempt Petition No. 90 of 2010 passed by the High Court of Judicature for Rajasthan at Jodhpur, by which and whereunder, the High Court has issued certain directions for demolition of the construction made by the Appellant and cancelled the sanction of plan etc.

(2.)Facts and circumstances giving rise to this appeal are as under:
A. A public interest litigation i.e. D.B. Civil Writ Petition No. 4271 of 1999 -Rajendra Kumar Razdan v. State of Rajasthan, was filed wherein the relief had been sought that all the constructions in and around the lakes specified in the State Government's Notification dated 17.1.1997 be stopped with immediate effect and appropriate action be initiated against the State Government agencies to stop the recurrence of such harmful and dangerous activities for the maintenance of lives of population in the said place. The aforesaid Notification dated 17.1.1997 was issued under Section 171 of Rajasthan Municipalities Act declaring area around Fatehsagar and Pichola Lake in Udaipur as 'no construction zone'. Subsequently, the aforesaid notification stood superseded by Notification dated 10.12.1999 declaring area around Fatehsagar lake and Pichola lake in Udaipur as 'controlled construction area'. The State Government approved Urban Improvement Trust, Udaipur (Controlled Construction Area) Building Bye-Laws, 2000 on 22.5.2000.

B. The High Court vide order dated 6.2.2007 decided the writ petition filed by Shri Rajendra Razdan directing that there would be no construction in and around the said lakes and their respective catchment areas and under no circumstances the statutory authorities would permit any construction activity in the controlled construction area.

C. The Appellant herein purchased 8.2 hectares of land vide 8 registered sale deeds from various agriculturists at village Tila Kheda, District Udaipur, Rajasthan between 12.5.2008 to 21.7.2008. The said land is more than 20 kilometers away from the controlled construction area around Fatehsagar lake and Pichola lake. The Appellant obtained the requisite permission such as land conversion order from the revenue authorities on r 30.11.2009; No Objection Certificate (HOC) from Pollution Control Board on 24.12.2009; NOC from Tourism Department on 6.1.2010; NOC from Village Panchayat on 13.10.2010; and six boat plying licenses on 30.11.2009. The electricity connection was sanctioned in its favour on 17.3.2011. The Appellant's plan for raising construction of a hotel stood sanctioned by the Urban Improvement Trust (UIT), Udaipur on 31.12.2009. After obtaining the required permission, the Appellant surrounded the entire plot with compound wall and started construction and completed basement and ground floor. It also laid slabs for the first floor.

D. As the directions issued by the High Court in its final judgment and order dated 6.2.2007 had not been complied with. The writ Petitioner filed Contempt Petition No. 90 of 2010 against ten officers of the statutory authorities with specific allegations of non-observance of no construction zone as required under Notification dated 17.1.1997.

E. On the application filed by the writ Petitioner - Respondent No. 1 herein, the High Court proceeded against the Appellant also assuming that Udaisagar and Swarupsagar lakes were also covered by no construction zone/controlled construction zone and restrained the Appellant from raising the 8 construction vide order dated 12.10.2011.

F. The Appellant filed application for recalling of the said order and for intervention. However, the application for recalling the interim order dated 12.10.2011 was rejected vide order dated 13.7.2012.

G. While dealing with the contempt petition, the High Court appointed a Court Commissioner who submitted his report on 11.5.2012 and after considering his report, the order dated 27.9.2012 was passed cancelling the permissions/sanctions in favour of the Appellant and further directing demolition of its constructions alongwith the compound wall near Udaisagar lake and also imposed a fine off ' 1 crore.

Hence, this appeal.

2A. This Court while entertaining the S.L.P. vide order dated 26.11.2012 directed to maintain the status quo.

(3.)We heard Dr. Rajiv Dhavan, learned senior Counsel for the Appellant and Shri Mohan Jain, learned ASG, Shri Venkateswara Rao Anumolu, Shri K.B. Rohtagi, Ms. Aruna Gupta and Shri Shreekant N. Terdal, learned Counsel appearing on behalf of the Respondents and perused the record.