Trilok Chand Agarwal vs State

Mohammad Rafiq, J.—This petition has been filed by Trilok Chand Agarwal, who is resident of Muktanand Nagar, Tonk Road, Jaipur. Contention of learned counsel for the petitioner is that the JDA served a notice under Sec. 72 of the JDA Act on respondent No. 5-Chandra Bhan Gupta for removal of his encroachment on the land of 80 feet wide road. The house of the petitioner is situated on the same road. Chandra Bhan Gupta has made illegal construction of the shop. When notice was served upon him under Sec. 72 of the Act, he approached the JDA Appellate Tribunal by filing appeal. The appeal was dismissed on 16.08.2012 by the JDA Appellate Tribunal upholding the notice. The Tribunal has recorded a finding that the road in front of the house of the petitioner and that of respondent No. 5-Chandra Bhan Gupta is 80 feet wide and that admittedly he has made encroachment on public land and JDA has no competence to regularise such encroachment. Even then the JDA is not taking any steps to remove the encroachment.

Considering the nature of grievance, petitioner is required to approach the Secretary, JDA, who in compliance of the aforesaid judgement of the JDA Appellate Tribunal, shall proceed under Sec. 72 of the JDA Act and ensure removal of encroachment from the public land. With that direction, the writ petition along with stay application is disposed of.