SUO MOTO Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-11-24
HIGH COURT OF RAJASTHAN
Decided on November 21,2013

SUO MOTO Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

V.K.MATHUR, DINESH MAHESHWARI, JJ. - (1.) IT is submitted that pursuant to the order passed in this matter on the last occasion, the Director, Local Bodies did make a visit of the city of Jodhpur and had drawn a report. This report shall be placed on the record of this petition by the Municipal Corporation.
(2.) IT is submitted that the proceedings as regards the offending buildings have been taken up by the Municipal Corporation and, while issuing notices to the concerned owners, 29 buildings have been seized and constructions activities thereat have been prohibited. The Municipal Corporation, Jodhpur has pointed out in Annexure -B to its report dated 28.10.2013 that as many as 29 buildings located on 15 BRTS Routes in the city of Jodhpur have been seized on the basis of the reports made by the Senior Town Planner. It is also pointed out that in several such cases, disciplinary proceedings have also been adopted against the erring officers, including the Junior Engineers, Encroachment Inspectors etc.
(3.) THE learned counsel appearing for the Municipal Corporation submits that in relation to these buildings, specific notices have been issued to the person concerned and the proceedings are under way. On the query of the Court, it is also pointed out that the matter of release from seizure, if to be allowed, is finally considered by the respective Building Committees and by the Chief Executive Officer. It is clear that the Municipal Corporation and the other authorities have themselves realized the requirement of serious proceedings/steps, particularly in relation to the offending constructions and more particularly, in relation to such offending constructions where the requirement of proper parking is said to have been compromised. It needs hardly any emphasis that the matters are required to be examined by the concerned authorities with all seriousness. Of course, a bona fide construction activity, which is carried out while adhering to the requirements of law, may be allowed but, at the same time, the offending constructions where proper parking places have not been provided and which ultimately result in traffic hazard and congestion, are required to be seriously and sternly dealt with. ;


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