- (1.) Instant Public Interest Litigation has been filed at the instance of a person who has disclosed his status that he is citizen of India and assisting his father in his factory M/s.Prem Udhyog which manufactures fiber articles like gates, coolers, fiber sheet etc. and he is in the manufacturing business of interlock tiles.
(2.) His purported grievance is that there is a judgment of this court dt.20.10.2004 passed in D.B.Civil Writ Petition No.4783/2003 [Suo Motu vs. State of Rajasthan] reported in 2005 (1) WLC (Raj.) 116, which is not being complied with by the authorities in its true spirit and in support thereto it has been indicated by him, the detailed of the subject land in para 4.1 of the petition and we consider it appropriate to quote the same ad infra: - 4.1 That the land of khasra No.606 measuring 0.3900 hectare, khasra No.0607 measuring 0.1800 hectare and khasra No.608/5132 measuring 0.200 hectare having new khata No.1345 (Old No.1018) is situated at Diggi Malpura Road near Sawai Madhopur Railway Bridge at Sanganer. The land has been entered in the revenue record in the name of Jaipur Development Authority. The copy of the jamabandi showing the entry in the name of the Jaipur Development Authority is being filed herewith and marked as ANNEXURE -1. Similarly land of khasra No.610 measuring 0.0300 hectare having new khata No.1346 (Old No.1229) has been entered in the revenue record in the name of Nagar Nigam, Jaipur. The respondents No.7 to 9 have illegally encroached over the land and has constructed a boundary wall and are running saw mill in the residential colony.
(3.) According to the petitioner, there is an encroachment over the land which belongs to the Jaipur Development Authority and despite notice for demand of justice being served, no compliance has been made and he has no option left but to file the instant Public Interest Litigation mandating the JDA to take action in compliance of the order, of which we have made reference supra. This court while passing the order, referred to supra, directed the authorities to comply with the directions and to remove encroachment over the Government land/public property and this court has further mandated the State Authorities to take appropriate action against the encroachers, as permissible under the law. The principles laid down by this court are ad infra: - 9. Since the compliance of the orders can be monitored by the Monitoring Committees (Citizens Committees) under the chairmanship of the Chief Secretary and in the event of the failure of the civic authorities and other bodies, Corporations and private persons to carry out the directions, appropriate applications can be filed for initiating proceedings for contempt of Court against them. Therefore, we consider it appropriate to dispose of the writ petition in terms of the orders passed from time to time in the instant petitions and with the following further and fresh directions and directions which are clarificatory in nature. ;