- (1.) BY way of this writ petition, the petitioner has claimed the following relief(s): - i. by an appropriate writ, order or direction the order dated 22.02.2006 (An.12) passed by the Committee/respondent and as conveyed by the Commissioner, Municipal Board, Mount Abu, may kindly be quashed and set aside; ii. by an appropriate writ, order or direction the respondents may be directed to grant permission to the petitioner to effect repairs and renovation in terms of the order passed by the Hon'ble Supreme Court dated 22.04.2004 since the building is more than 75 years old; iii. by an appropriate writ, order or direction the respondents may be restrained from taking action against the petitioner pursuant to the notices dated 26.10.2005 (An.7), 22.11.2005 (An.10) and 02.12.2005 (An.11); iv.any other appropriate relief(s) which this Hon'ble High Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner; S.B. Civil Writ Petition No.1359/2006 Mohd. Musharraf Khan Vs. State of Rajasthan and Ors. v. writ petition of the petitioner may kindly be allowed with costs throughout."
(2.) A coordinate bench of this Court while hearing the matter on 17.11.2006 passed the following on the application filed by the petitioner: "The application of the petitioner will be disposed on first possible date of the meeting of the Committee appointed under the orders of the Supreme Court." Since, the prayer seeking permission to raise construction was sough in Mount Abu, of which, the matter was pending at that point of time before the Hon'ble Supreme Court, which learned counsel for the petitioner sates that it has now been decided constituting an Empowered Committee for dealing with such applications for repair and renovation and fresh construction at Mount Abu. In pursuance of the aforesaid order dated 17.11.2006, the Building & Renovation Committee of the Municipal Board, Mount Abu, considered the case of the petitioner on 27.06.2007 and the minutes of the said Committee, have been produced on record by the respondent- Municipal Board as Annex.R/11, and the same is quoted herein below for ready reference: " 27.06.07 15.06.07 " 27.06.07 % and &+ . . % % 4 14.04.1944 % 7 7 7 4 and 2 , , % " 7 %A 7 and 4 7 DF H 2580 " 7 and : " and " J % 7 " / % and % " and , 4 % % % "A " and 7 - M " D" 7 " 4 " and " 7 D " F " 4 %4 and % " 7 A % " P 4 7 J (-% D ") 2000 -% " " D % % A " % - % " 7 and 7 " % % and % and - 1. % F" 2. 3. / " " 4. " 7 P % and %4" M 7 " 5. D" 4 M A " attached toilet 6. 4 Y " %A 7. A % F /[ and 4 A % Y and & and Y A 4 , , , Y " 8. Y 9. % 10.D" 7 6 Y Y 8 Y Y Y 11' x 6 x 23'-6' 7 31'-6' x 18'-5' " " " Y % 11'-9' x 8' ­ 7' " 11." 7 and 20'-6' x 11' D and 16'-11'-0 F and 8' x 8' and " % % and A " % % % " A HF Y " 12.140 A " % A P _H4 09.05.02 " (% ) " % _H4 A Sd.00 Sd.00 Sd.00 Sd.00 and % F 0 0 / %& D" DD " "
(3.) FROM a bare perusal of the minutes of meeting (Annex.R/11) dated 27.06.2007, it appears that thre are several discrepancies and illegal constructions made by the petitioner, which were pointed out by the said Committee and also the fact that the permission for raising the construction of residential house was given way back on 14.04.1944 but it has been misused, as the petitioner had constructed a hotel building on the site in question and was using the same as a commercial property in the form of a hotel instead of a residential house.;