- (1.) WE have heard Shri Ravi Narchal, petitioner, appearing in person, learned Advocate General of the State of Rajasthan, and learned counsels appearing for the respondents, intervenors and applicants interested in the matter.
(2.) THIS writ petition was registered, in public interest, on a letter received by the Court on 13.01.2015, complaining of large scale unauthorized constructions including multi -storied buildings, in which hotels are running on the land allotted for petrol pumps; illegally changing the land use; illegal constructions, and encroachments in the 'Ana Sagar Lake'; defacing the City of Ajmer, which is a heritage City, recently declared to be 'Smart City' by the Central Government. On 21.01.2015, we had passed the following order: - - "This writ petition, in public interest, has been entertained on a letter petition filed by Shri Ravi Narchal, A -31, Chandervardi Nagar, Ajmer, complaining the constructions of a multi -storied building to be used as a hotel building on the land allotted for petrol pump by illegally changing the use of the land by the Commissioner, Municipal Corporation, Ajmer. It is alleged that the hotel has been constructed by Shri Mahesh Tejwani, Lohagal Road, Ajmer in violation of the Municipal Rules. The petitioner has also annexed the newspaper reports alleging large scale unauthorised constructions in the city of Ajmer, which is a heritage city, and has been recently declared "Smart City" by the Government of India amongst the four to be developed from international funding. Issue notice to the Chief Secretary, Government of Rajasthan, Additional Chief Secretary, Urban Development and Housing Department, Commissioner, Ajmer and Commissioner, Municipal Corporation, Ajmer to reply to the allegations made in the letter as well as the newspaper report vide newspaper dated 09.12.2014. The Municipal Commissioner, Ajmer is required to submit entire details of the permissions of construction, granted in Ajmer in last five years, and the details of the unauthorised constructions and encroachments, which may have been identified, and the steps taken against such unauthorised constructions. The notices for all the respondents will be served in the office of learned Advocate General in the Rajasthan High Court at Jaipur, which shall be treated to be sufficient service on them. List again on 10.02.2015."
(3.) ON 27.02.2015, after receiving reply from Smt. Seema Sharma, Commissioner, Municipal Corporation, Ajmer, following order was passed by us: - - "1. A reply has been filed by Smt. Seema Sharma, Commissioner, Municipal Corporation, Ajmer, in which it is stated that out of 2669 applications for grant of permission in relation to construction/reconstruction/renovation of the buildings, permission was granted to 1081 applicants; the applications were rejected in respect of 1006 applicants; and 582 applications are pending consideration. In paragraph 3, she has stated that about 490 persons have made constructions unauthorizedly, and for that cases are pending. A list of the persons, who have constructed the buildings unauthorizedly, or in violation of the permission/against the norms, though permission was given as per the norms, has been annexed with the reply. 2. The list of unauthorized constructions, or those, who have made the constructions beyond the sanctioned plan and permissible limits, shows that a large number of constructions, in almost all the wards, have been made in violation of the buildings norms. 3. So far as the constructions of Shri Mahesh Tejwani and Smt. Pushpa Tejwani are concerned, it is stated that they had obtained the permission for commercial construction of a petrol pump, which was changed to construction of a hotel, on deposit of Rs. 13,01,367/ -. They have however, in making construction of a hotel, violated the building plans, for which notices have been given to them, and now the constructions have been sealed. It is also reported that an injunction order was passed on 07.07.2014 in a civil suit, by which its demolition was stayed. 4. We have examined the notice, by which constructions were sealed, and find that not only setbacks have been covered, but the constructions have also been raised beyond the permissible heights.;