Sangeet Lodha, J. - (1.) By an order dated 7.4.04, this court treated a letter received from Shri Gulab Kothari, Editor, Rajasthan Patrika, a leading daily newspaper of the State, containing allegations related to gross violation of the Master Development Plan of Jaipur and other cities, accompanied by various news items published in the said newspaper, as a writ petition (PIL) and issued notices to the Chief Town Planner, Urban Development & Housing Department, Government of Rajasthan.
(2.) On 20.1.05, a reply to the writ petition was filed on behalf of the State taking the stand that the Master Plan prepared covers various essential land uses e.g., residential, commercial, industrial, Government and Semi-Government offices, Bus Stand, Transport Nagar, Common community facilities, Parks, Open spaces, Network of the Roads and also the Periphery Control Belt required to be developed for projected population. Regarding the allegations of deviation of Master Plans as raised in the letter petition, the respondents took specific stand as under: (3) That so far as the allegation of the deviation as raised by the letter writ petition are concerned, the answering respondents humbly submit that some deviations are there and some are still taking place but then until and unless the general civics sense are developed in public at large and the public is made aware that the deviation of master plan is not in their interest, without the active cooperation of public at large, the answering respondents feel themselves not so happily equipped with the measure and means to control such deviation. (4) That the answering respondents humbly submit that though the master plan is prepared, notified yet it is common phenomena that 100% projected development plan can never be implemented. For the alleged deviation, the answering respondents alone should not be blamed. It is the public which has to ultimately implement the master plan by extending there active cooperation, by giving cooperation of such a nature that everybody abides by the master plan. If nobody commits breaches or dare to violate the master plan then perhaps the answering respondents will be able to implement it in to. The general deviation which has been pointed is because of the utilisation of the areas for the commercial and residential purposes by the private coloniser while developing their private colonies. Major factor which has been detected as the root cause for that alleged violation is that the people do not want to go far from the town and maximum people want to reside by the nearby areas irrespective of the different land use of that area. The another reason for the alleged deviation which in the respectful submission of the answering respondent is promulgation of the Rajasthan Municipalities (change of land use) Rules, 2000. These rules have been enforced w.e.f. 31.3.2000 vide publication in Rajasthan Gazette. The copy of the same is annexed herewith and marked as Annexure R/2. Now from the above narration, it is clear that the preparation of master plan and further change of land use to what extent can be permitted, is definitely a policy matter which has to be decided in individual case in accordance with the policy laid down by the Government and in the respectful submission of the answering respondents, this Hon'ble High Court should observe self imposed restriction in this respect and should not interfere in the policy matter. It is again made clear that the change of land used is not to be granted merely by asking under the Rules of 2000 but is to be granted in guarded manner at the instance of the respective committees. In this way, the purpose of the writ petition can safely be said to have been fulfilled as to prevent the future deviation of the land use the various committees has been constituted to check the unfettered change of land use now.
(3.) Vide order dated 25.4.06, this court directed the respondents to place on record following particulars about Master Plans prepared under the Rajasthan Urban Improvement Act, 1959 ('UIT Act') and operative in the five major townships of Rajasthan viz. Jodhpur, Kota, Bikaner, Ajmer and Udaipur: 1. The no construction zone green belt and public amenities zone provided under the Master plan of respective towns. 2. Deviation made in the original Master plans of each city from time to time in respect of aforesaid zones. 3. Deviation, if any, permitted in respect of the aforesaid zones while approving the development scheme in the aforesaid towns. 4. The construction or development which have actually taken place in respect of aforesaid zone contrary to Master plan. 5. Action, if any, taken by the authorities to remove the construction or development that have taken place in each town contrary to Master plan. The aforesaid details may be submitted separately in respect of each of the aforesaid 5 towns form within 8 weeks. The Chief Town Planner of the State or any officer duly authorised by him not below the rank of Deputy Town Planner of the aforesaid 5 towns shall be present on the next date of hearing to explain the matter.;