The Rajasthan High Court directed the Chief Executive Officer, the Municipal Corporation, Jaipur Heritage to hold enquiry on the complaint made by the petitioner and take appropriate decision in the matter after hearing all the parties including those who are alleged to be in possession of the land in dispute in the Goverdhanpuri Kacchi Basti Area, Jaipur.
The Jaipur Bench of Acting Chief Justice Mahindra Mohan Shrivastava and Justice Anil Kumar Upman disposed of a Public Interest Litigation (PIL) filed alleging that the land was allotted vide order dated 22.06.1996 for construction of Government Primary Girls School in the above area.
Vide order dated 27.03.2006, the then Executive Engineer of the Municipal Corporation Jaipur Heritage/Respondent No.3 issued work order to release 3.92 lacs for construction of the Primary School.
It has also been stated in the petition that on 29.09.2022 the Chief Executive Officer, the Municipal Corporation, Jaipur Heritage ordered to take strict action for prevention of the illegal constructions. Vide order dated 13.02.2023, the Tehsildar Jaipur had acknowledged the fact of illegal construction on the land measuring 1611.11 Sq. Yards allotted for construction to School Building.
The grievance of the PIL petitioners is that despite various representations made and some proceedings initiated, no expeditious steps are being taken to remove the encroachment.
The Bench found that a representation was made by the petitioners in the month of January, 2023 to a number of authorities, including the Municipal Corporation Jaipur Heritage as also to the Jaipur Development Authority.
In the petition, it has not been stated as who has made encroachment. Even no respondent has been impleaded against whom allegations of encroachment have been made, the order read.
“In the conspectus of the aforesaid factual aspects of the case, we are inclined to dispose off this petition at this stage with the direction to the Chief Executive Officer, the Municipal Corporation, Jaipur Heritage to hold enquiry on the complaint made by the petitioner and take appropriate decision in the matter after hearing all the parties including those who are alleged to be in possession of the land in dispute. The enquiry shall be completed within a period of three months from the date of receipt of certified copy of this order’, the order read.