JUDGEMENT
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(1.) We have heard learned counsel appearing for the parties, including learned counsel appearing for the Municipal Corporation, Jaipur as well as the residents of 'Kachchi Basti', in Kathputli Nagar, 'Amroodon -Ka-Bagh' area, Jaipur.
(2.) By this writ petition, Shri Yogesh Jain, a resident of S-7, Jyoti Nagar Extension, IInd Floor, Amroodon Ka Bagh, Jaipur, has prayed for the following reliefs:-
"a) Remove the Kutchi Basti, clear the same, remove the unauthorized construction and allot the proper residential accommodation to the occupants of the Kutchi Basti, either a proper residential scheme be prepared while constructing multistoried flats and allotted the same to Kuthi Basti people so as to have them proper living conditions.
b) Remove the unauthorized occupants having the meat shops, work shops and other commercial activities.
c) Remove the pigs, other animals from the scheme/in vicinity so as to have the clean atmosphere.
d) Direct the respondents authorities to take special efforts so that the Kutchi Basti people do not use the Amrood Bagh Area for the purposes of easing, urinating etc.
e) The Western side Nala be kept clean and ultimately covered so as not to emit fumes.
f) Develop the East to West Road connecting Nala while having the proper bridge constructed over the Nala so that the innocent lives of the Kutchi Basti people be saved.
g) The illegal encroachments towards Sought-East side and in front of new legislative assembly quarters be removed.
h) The constructed buildings lying vacant since more than two years be allowed to be allotted by the concerned authorities or the same being handed over to the needy people/officials.
i) The land of Amrood Bagh be acquired and put to proper use like developing garden, play ground, commercial or residential complex or developed the institutional area for private or Government purposes.
j) The Municipal Authority/Jaipur Development Authority and the State Government concerned be directed to have the core function of the municipality remember and implement atleast for the area asked for by the petitioner.
k) Any other appropriate order or direction which this Hon'ble Court deems expedient in the facts and circumstances of the case may kindly passed in favour of the petitioner."
(3.) It is submitted that thousands of people settled in the area, have raised 'kacha' constructions over the land occupied by them, and that since there are no civic amenities including toilets, the whole area has become unhygienic.The area, once known as 'Amroodon -Ka-Bagh', in which there were thousands of guava trees, which were cut away, is hardly at a distance of 250 yds. from the new High Court building. The land is now occupied illegally, and is known as 'Kathputli Nagar'. The major portion of it is used for dumping garbage, and for human defecation. The pigs and the stray animals keep roaming in the area, making it unfit for habitation.;
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