Ravi Lodha vs. C.S. Rajan

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Writ Contempt No. 371/2016

Versus

Ravi Lodha

----Petitioner

C.S. Rajan & Ors.	Rai	ian	&	Ors.
0.0.	· · · · ·	, <b>a</b>	$\sim$	0.01

----Respondents

For Petitioner(s)<br>:	Mr. Ashok Chhangani.<br>Ms. Apeksha Chhangani.
alte	Mr. Avin Chhangani.
For Respondent(s)<br>:	Mr. Sunil Beniwal, AAG with
L.	Mr. Utkarsh Singh.
	Mr. Rajesh Panwar, with
Q	Mr. Ayush Gehlot.
Y	Mr. Sanjeet Purohit.
	Mr. Ankur Mathur.
	Mr. Kuldeep Mathur.
	RUSE KING

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/12/2019

Learned counsel appearing for Union of India submits that pursuant to the directions issued by this Court vide order dated 04.11.2019, the meeting was held between the Secretary, Ministry of Defence and the Secretary, Ministry of Road Transport & Highways to resolve the issue regarding alignment/widening of Jodhpur Ring Road.

It is submitted that after due deliberations, keeping in view the restrictions of 900 meters under Works of Defence Act, 1903, the proposed alignment of the Jodhpur Ring Road being within 400 meters of Strategic Army assets located at North of Nagtalao Military Station, it is resolved that the alignment of Jodhpur Ring Road at north of Nagtalao, shall be revised by the Ministry of Road Transport & Highways and thus the dispute stands resolved. A copy of the minutes of the meeting dated 05.12.2019, produced before us, is taken on record.

Learned counsel appearing for NHAI submits that appropriate steps are being taken by NHAI for revising the alignment of Jodhpur Ring Road at North of Nagtalao Military Station, as agreed upon between the Ministry of Defence and the Ministry of Road Transport & Highways.

Accordingly, the NHAI is directed to take necessary steps for re-alignment of Jodhpur Ring Road at the place/s specified, with utmost expedition.

An application seeking exemption from personal appearance has been filed on behalf of Secretary, Department of Defence and the Secretary, Department of Road Transport & Highways.

For the reasons stated in the application, the application is allowed. The personal presence of the Secretary, Department of Defence and Secretary, Department of Road Transport & Highways, is dispensed with.

Learned counsel appearing for Jodhpur Development Authority, Jodhpur submits that so as to implement the project of laying three lanes road from M.N. Arora Circle to Pili Tanki, it has been decided by the J.D.A., Jodhpur shall bear the cost for immediate shifting of electricity poles and the lines on the proposed road. The shifting work will be undertaken by J.D.A., Jodhpur under the supervision of J.V.V.N.L. and for that purpose, supervision charges have already been deposited by J.D.A., Jodhpur with J.V.V.N.L. Learned counsel submits that entire project of laying of three lanes road from M.N. Arora Circle to Pili Tanki, shall be completed within the stipulated time of six months.

Vide order dated 04.11.2019, Jodhpur Development Authority, Jodhpur and the Municipal Corporation, Jodhpur were directed to take effective steps to restore the parking place(s) specified in the sanctioned plan of existing buildings, which are put to other use.

Learned counsel appearing for Municipal Corporation, Jodhpur and Jodhpur Development Authority, Jodhpur submit that pursuant to the directions issued, a public notice has already been published in the daily newspaper, having circulation in Jodhpur, with an appeal to building owners to restore the parking place(s), as specified in the sanctioned plan within a period of two weeks.

It is submitted that on account of some administrative exigency, the notice was not published within the stipulated time of one week, however, the same has been published in the daily newspaper on 21/23.11.2019.

It is submitted that on building owners' failure to restore the parking places within the stipulated time of two weeks, the buildings of such defaulter building owners shall be seized, as directed, and the appropriate penal action shall be taken within the time specified.

On the facts and in the circumstances of the case, the Municipal Corporation, Jodhpur and Jodhpur Development Authority, Jodhpur are directed to place on record the list of buildings/building owners, who have put the parking places specified in the sanctioned plan of existing building to other use, within a period of two weeks.

Learned counsel appearing for the Municipal Corporation, Jodhpur and Jodhpur Development, Jodhpur submit that appropriate steps are being taken for removal of encroachment on

the footpath, pavements and public ways as directed by this Court. Learned counsel seeks two weeks' time to file status report in this regard.

Time prayed for is allowed.

List the matter on 13.01.2020.