- (1.) By way of this writ petition, the petitioners have challenged the decision taken by Jaipur Development Authority (JDA) at Annexure-8 whereby Resolution Agenda No.3, decision was taken to reduce the width of road from 80 feet to 40 feet of Sector Road 13/14 which reads as under:- ...[VARNACULAR TEXT OMITTED]...
(2.) Counsel for the petitioners Shri N.K.Maloo, Sr. Advocate contended that first order was passed on 18.12.2006 by learned Single Judge is as under : "Heard. Admit. Issue notice. In the meanwhile, operation of the resolution passed on 21/9/06, by the respondents No. 2 and 3 in regard to the land in dispute shall remain stayed."
(3.) Subsequently, on 29.7.2009 again an order came to be passed which reads as under : "While admitting writ petition, interim order was passed by this court on 18th December, 2006 where operation of resolution of respondent - JDA dated 21st September, 2006 was stayed. Since the JDA has not made efforts and encroachments were made over the land in dispute petitioner has filed second stay application with the grievance that if JDA Officials will permit to get encroachment made over the land in dispute that will create further complication. Respondent - JDA has filed reply and in Para 2 it has been admitted that in one Plot No.109 encroachment has been made after order of this Court. But, they have served him a notice. It appears that officer of JDA are not taking proper care and allegation of petitioner is that with the connivance of officers of JDA encroachers are being permitted to encroach upon and it is one of the instance which has been admitted in their reply. Since no efforts have been made and certainly notice to encroachers will not be sufficient and the officers are under an obligation to see that there should be no encroachment takes place and whatever encroachment has been made after stay order certainly requires to be removed forthwith without any further delay. The concerned Enforcement Officer shall remain present in person in this court on the next date of hearing along with written explanation as to what efforts have been made in removing those encroachment which has been admitted in Para 2 of their reply to second stay application. List on 12th August, 2009.";