Rajasthan High Court – Jaipur
B.L. Mehra S/O Shri Panna Lal Ji Mehra vs The State Of Rajasthan on 1 May, 2025
Author: Anand Sharma
Bench: Anand Sharma
[2025:RJ-JP:17699-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition (PIL) No. 3334/2003
1. B.L. Mehra S/o Sh. Panna Lal Ji Mehra R/o Plot No.162
2. Ghanshyam Das Bhardwaj S/o Shri Deendayal Ji, R/o Plot No.
A-153
3. Pradeep Bhalotiya S/o Late Shri Y.K. Bhalotiya, R/o Plot No.
A-146, Ayodhya Path, Shyam Nagar, Jaipur, Rajasthan.
----Petitioners
Versus
1. The State of Rajasthan through Secretary, Urban
Development and Housing Department, Jaipur Rajasthan
2. Jaipur Development Authority through its Secretary.
3. Shri Shyam Khandelwal, Khandelwal Building Materials, New
Sanganer Road, Opposite Laziz Restaurant, Jaipur, Rajasthan.
4. The Chief Executive Officer, Municipal Corporation, Jaipur
Rajasthan.
5. Sunil Jain S/o Shri N.K. Jain, R/o Akshant House, Kanti
Chandra Road, Banipark, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Rinesh Gupta
For Respondent(s) : Ms. Shalini Sheoron through VC
Mr. Mamraj Gurjar
Ms. Anushka Dikshit
HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON’BLE MR. JUSTICE ANAND SHARMA
JUDGMENT
RESERVED ON :: 24.04.2025
PRONOUNCED ON :: 01.05.2025
(Per Anand Sharma,J.)
1. Petitioners, who are residents of Ayodhya Path, Shyam
Nagar, Jaipur filed this writ petition under Article 226 of the
Constitution of India, in the nature of public interest litigation,
with following prayers:
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“(i) By an appropriate writ, order or direction the Bye-laws
2000 regarding construction of group housing/flatted buildings
may kindly be declared as an illegal, arbitrary and unconstitutional
in view of 74th Constitutional Amendment and the same may
kindly be quashed and set aside.
(ii) By an appropriate writ, order or direction, if any
permission /sanction has been granted to the respondent
No.3 to construct flats over plot Nos. A-166 and A-167,
Ayodhya Path, Shyam Nagar, Jaipur may kindly be
declared to illegal, unauthorised and the same may
kindly be quashed and set aside.
(iii) By an appropriate writ, order or direction, the
respondents be directed to immediately stop/demolish
the construction of group housing/ flats over the disputed
plots in the areas meant for Swatantra Avas.
(iv) By an appropriate writ, order or direction,
constructions on plots No.A-166 and A-167 may kindly be
demolished ;
(v) By an appropriate writ, order or direction respondent
No.2 be directed to demolish the constructions raised on
plots No.A-166 and A-167.
(v) Any other order or direction which this Hon’ble Court
may deem fit and proper in the facts and circumstances
of the case and in favour of the petitioners may also be
passed.”
2. It has been pleaded by the petitioners that plots in their
Colony bearing No.A-166 and A-167, Ayodhya Path, Shyam Nagar,
Jaipur are independent residential plots. However, without
complying with the Sector Plan of the Scheme permission was
sought from Jaipur Development Authority (for short, ‘the JDA’)
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[2025:RJ-JP:17699-DB] (3 of 7) [CW-3334/2003]
for raising multi story building in order to construct flats over the
aforesaid plots. As per the petitioners, private respondents who
were owner of the aforesaid plots started raising construction of
flats over the said plots. Under these circumstances, the
petitioners made complaint to the JDA regarding illegal
construction, yet Officers of JDA have failed to take any
appropriate legal action against the respondents. This prompted
the petitioners to file this PIL in which even a prayer to challenge
vires of JDA (Jaipur Region Building) Bye-laws 2000 to the extent
of provisions regarding permitting multi-story group housing. A
prayer has been made that in case any permission/sanction has
been granted by JDA for permitting construction of flats over the
aforesaid plots No.A-166 and A-167 then such permission may be
held illegal and the respondents may be directed to immediately
stop/demolish the construction of Group Housing/Flats over the
disputed plots, which are otherwise meant for independent
housing.
3. This Court issued notices to the respondents in the instant
writ petition on 23.05.2023.
4. On 10.07.2003, when this writ petition (PIL) was taken up
for hearing, it was revealed by the petitioners that the private
respondents were raising illegal construction over the aforesaid
plots. Thereupon, it was observed by this Court that the private
respondents may raise construction at their own cost and risk and
if ultimately the Court decides in favour of the petitioners, it will
have all powers to order for demolition thereof.
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[2025:RJ-JP:17699-DB] (4 of 7) [CW-3334/2003]
5. Initially, only respondent No.3 was impleaded as a party
respondent showing him to be sole owner of aforesaid plots.
However, thereafter an interim application was moved to implead
other private stake-holders also as respondent No.4 to 7 which
was allowed vide order dated 22.07.2003. We may also indicate
that final arguments in the writ petition were heard at length on
04.02.2005 and on conclusion of arguments of both the parties,
judgment was reserved. Thereafter, vide judgment dated
14.03.2005 the said writ petition (PIL) was dismissed with cost.
The petitioners assailed the said judgment dated 14.03.2005
before Hon’ble Supreme Court by way of filing Civil Appeal
No.2658/2013(arising from SLP(C) No.16424/2005) which has
ultimately been decided vide order dated 21.03.2013. The Hon’ble
Supreme Court was pleased to allow the aforesaid Civil Appeal
with the following directions:-
“In the premise aforesaid, the appeal is allowed, the
impugned order is set aside in so far it relates to D.B.
Civil Writ Petition No. 3334/2003 and the matter is
remitted to the High Court for resh disposal of the writ
petition.
The appellants may, if so advised, amend the writ
petition and file the additional documents within a
period of four weeks from today. The JDA and the
private respondents may may file amended written
statements and additional documents within next four
weeks.
Since, the matter is sufficiently old, we request the High
Court to make an endeavour to dispose of the writ
petition afresh within a period of nine months from the
date of receipt of a copy of this order.”
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[2025:RJ-JP:17699-DB] (5 of 7) [CW-3334/2003]
6. Thereafter, in the light of order passed by Hon’ble Supreme
Court, instant writ petition was again taken up for hearing by this
Court.
7. In the light of liberty granted by Hon’ble Supreme Court in
its order dated 21.03.2013, the petitioners made amendment in
the writ petition but, in the meanwhile, since original respondent
Nos. 4 and 6 had expired, therefore, steps were taken to make
substitution in order to bring their Legal heirs on record. The
process of such substitution of legal heirs has taken quite
substantial time.
8. In the meanwhile, an interim application (I.A. No. 2/2024)
was filed by the Respondent-Applicant for deleting the name of the
respondent Nos. R/4 to 5/1, R/4 to 5/2 and R-6/1 to R-6/5; and a
prayer was also made to permit the respondent-applicants to raise
construction over the said plots strictly in accordance with the
prevailing JDA building Bye-laws.
9. The aforesaid appliocation (I.A. No.2/2024) was taken up for
hearing on 18.12.2024 and following order was passed:
“Heard on application (IA No.2/2024) for deleting the
name of respondents No.4-5/1 to 4-5/2 and 6/1 to 6/5.
Learned counsel for the applicants submits that the
petitioners in this writ petition have raised a grievance
against the humble respondents with regard to illegal
construction over plots No. A-166 and A-67 at Ayodhya
Path, Shyam Nagar, Jaipur. He further submits that at
present they had removed all the constructions made by
them over the said plots and now these two plots are(Downloaded on 07/05/2025 at 09:45:02 PM)
[2025:RJ-JP:17699-DB] (6 of 7) [CW-3334/2003]lying vacant. He further submits that in future, they will
raise construction in accordance with Law.
In that view of the matter, the application is allowed and
respondents No.4-5/1 to 4-5/2 and 6/1 to 6/5 are
ordered to be deleted from the array of respondents.
Amended cause title be filed by learned counsel for the
petitioner within a period of four weeks.
It is further ordered that owner of the Plots No. A-166
and A-67 shall not make any construction contrary to
JDA by laws.
Learned counsel for the respondent-JDA seeks further
four weeks’ time to file additional affidavit in compliance
of the order dated 29.08.2023.
List after four weeks.”
10. It is clearly reflected from the aforesaid order dated
18.12.2024 that the private respondents have already removed
illegal construction earlier raised over plot Nos. A-166 and A-167
at Ayodhya Path, Shyam Nagar, Jaipur and on account of removal
of construction the plots were lying vacant. The private
respondents also undertook that in future they would raise
construction strictly in accordance with law. Thereupon, this Court
has also ordered that owner of plot Nos. A-166 and A-167 shall
not make any construction contrary to Jaipur Development
Authority Bye-laws. As there were some clerical correction with
regard to plot numbers in order dated 18.12.2024, necessary
rectification has been made in earlier order vide order dated
24.03.2025 and plot numbers have been corrected.
11. In the light of above, where the relief sought by the
petitioners in respect of illegal construction over the aforesaid plot
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[2025:RJ-JP:17699-DB] (7 of 7) [CW-3334/2003]
Nos. A-166 and A-167 is no longer required to be adjudicated
further in the instant writ petition, as the private respondents
themselves have removed illegal construction with a further
undertaking to raise construction in future strictly in accordance
with prevailing Building Bye-laws and, thereupon, vide order dated
18.12.2024 necessary directions for restraining the private
respondents from raising any construction contrary to the JDA
Bye-laws has already been given by this Court, no fruitful purpose
is likely to be achieved by continuing this writ petition (PIL) and
we deem it proper to close this writ petition (PIL) in the light of
directions earlier given vide order dated 18.12.2024.
12. So far as challenge to vires of Building Bye-laws prevailing in
the year 2000 are concerned, in the light of above and in view of
subsequent circumstances, it is not required to examine the
validity of the same; more so, when the Bye-laws of 2000 have
already been repealed and at present JDA (Jaipur Region) Building
and Regulations, 2020, are in force.
13. In view of the above, the writ petition (PIL) stands disposed
of with the observations that the parties to instant writ petition
(PIL) shall be bound by aforesaid order dated 18.12.2024 earlier
passed in the instant writ petition.
14. Stay application and all pending application(s), if any, also
stand disposed of.
(ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J
pcg/197(s)
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