- (1.) THE petitioner is aggrieved by the alleged illegal construction by respondents No.2&3 over plot No.B-3&4, LS Nagar, Naya Khera, Vidhyadhar Nagar Jaipur and the failure of the JDA to exercise its jurisdiction under Section 32 and 33 of the JDA Act in removing the said illegal construction. The case of the petitioner is that he is owner of plot No.B-2 , LS Nagar, Naya Khera, Vidhyadhar Nagar, Jaipur in the vicinity of the aforesaid unauthorised construction being raised by the respondents No.2&3 which has adversely affected his legal rights.
(2.) ON notice counsel for respondents have appeared before this court. It is submitted by the counsel for the JDA that notice under Section 32 of the JDA Act had been issued to respondents No.2&3 with regard to their illegal construction over the set-back on back side of the aforesaid plots. It is submitted that in response to the notice, the respondents have preferred an appeal (25/2012) under Section 83 (8) (a) of the JDA Act before the JDA Appellate Tribunal, Jaipur. The Appellate Tribunal has passed an order of status quo in the appeal. It is submitted that no allegation of inaction of the JDA can be levelled against the JDA in the facts of the case and the petition against the JDA is misdirected. Mr.R.P.Garg, learned counsel appearing on behalf of respondents No.2&3 submits that the respondents have not raised any illegal construction, and the construction raised is compoundable under the provisions of JDA Building Bye-laws, 2010. It is submitted that the respondents seek the facility available in law for compounding of the alleged excess construction. Having heard learned counsel for the parties, I am of the view that presently in view of pendency of appeal filed by the respondent No.2&3 before the JDA Appellate Tribunal Jaipur, there is no occasion for this court to interfere in the present writ petition. Even otherwise from the facts as transpired in the course of arguments before this court, it cannot be said that the JDA has been derelict in its duty, inasmuch as it has issued show notice under Section 32 and 33 of the JDA Act to respondents No.2 and 3. Further the respondents No.2&3 are availing their remedies in law both by an appeal before the JDA Appellate Tribunal against notice under Section 32/33 of the JDA Act and by seeking compounding of excess construction over their plots under the JDA's compounding rules. Their rights will abide the outcome in the proceedings taken by them. However, if the petitioner is aggrieved, he has the option to move an application for impleadment in the appeal filed by respondents No.2&3 before the JDA Appellate Tribunal, Jaipur setting up his case as a necessary and interested party. If such application is moved the Tribunal will no doubt address it as warranted in law. With the above observations, the writ petition and stay application are dismissed.;