Demolition Of Illegal Encroachment On Kotputli Road: Rajasthan High Court Orders Status Quo, Directs Local Authority To Pass Reasoned Order

The Rajasthan High Court, Jaipur Bench has directed the Nagar Palika, Kotputli to decide the objections submitted by 25 petitioners pursuant to the notices issued to them for removal of road encroachment.Justice Inderjeet Singh directed the authority to pass reasoned and speaking order within a period 30 days."I deem it just and proper to direct the respondent-Nagar Palika to decide the objections submitted by the petitioners pursuant to the notice issued to them, by reasoned and speaking order within a period 30 days," the order stated. The writ petition was filed by the 25 individuals, all residents of Kotputli District in Jaipur, being aggrieved by the notices issued to them by the respondent-Nagar Palika, Kotputli in Dec 2021 for removal of encroachments from the road. The respondent had demanded the documents from the petitioners of their lawful title over the disputed land. In the plea, it was averred that even though the petitioners have submitted their objections, however, the Nagar Palika, without considering their reply/ objections is going to demolish their construction.Appearing on behalf of respondents, Additional Advocate General Anil Mehta submitted that they will look into the submitted reply/ objections of the individual persons, including the petitioners issued to them pursuant to the notice. He added that only after due consideration, the final decision shall be taken in the matter. The court has now directed the parties to maintain the status-quo with regard to the property in dispute, till the final decision is taken in the matter by the Nagar Palika.The court added that in the event of any adverse decision being taken by the respondent-Nagar Palika, the petitioners will be at liberty to challenge the same before the appropriate forum. The court further directed that the respondent-Nagar Palika shall act upon on its decision after 15 days of its issuance. Sr. Adv. Mr. Kamlakar Sharma, Adv. Rachit Bohra, Adv. Anand Bhardwaj and Adv. Ravi Shankar Sharma appeared on behalf of the petitioners.Case Title: Chunnilal and Anr. v. State of Rajasthan and Ors., with connected mattersCitation: 2022 LiveLaw (Raj) 12Click Here To Read/Download Order

Demolition Of Illegal Encroachment On Kotputli Road: Rajasthan High Court Orders Status Quo, Directs Local Authority To Pass Reasoned Order

ANIRUDH VIJAY

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