Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment - Catchment areas of Dam - Protection and preservation of - Ramgarh Dam (near Jaipur) in the State of Rajasthan |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Environment - Catchment areas of Dam - Protection andpreservation of - Ramgarh Dam (near Jaipur) in the State ofRajasthan - Illegal encroachment in the catchment areas of theDam by appellant-University resulting in drying up of the Dam andconsequent problem of scarcity of water in respondent-State -Several representations made by appellant for allotment of the land"in question, Khasra No.526 (in Jaipur District) in its favour. notreplied to by any of the authorities - Appellant made massiveconstruction on Khasra No.526 - Eventually, writ petition filed byappellant in High Court for directions to be issued for allotment ofKhasra No.526 for its University - Appellant was also issued noticeu/s.72 of the 1982 Act w.r.t. encroachments on Khasra No.526 -Appeal there against by appellant before Appellate Tribunal, JaipurDevelopment Authority, dismissed- Writ petition by appellant againstthis order as well - Both writ petitions dismissed by Single Judge ofHigh Court - Order upheld by Division Bench of High Court - Onappeal, held: Appellant has not been able to show any perversity inthe orders passed either by Appellate Tribunal or by Single Judgeor by Division Bench - Even if there was no response to therepresentations made by appellant from any of the authority. it hadno right to assume that its request for allotment had been accepted(or not rejected) and on that assumption make constructions on theland in question without any permission or sanction - Due to theillegal and unlawful construction made in the area by several partiesincluding appellant, Ramgarh Lake is absolutely dry and theresidents of Jaipur city are suffering from water shortage as waterfrom this region was being supplied to Jaipur city before the areadried up - Costs of Rs. l 0 lakhs per petition imposed for the brazenencroachment - Merely dismissing the petitions would serve nouseful purpose, hence, demolition of the unauthorised construction by or on behalf of appellant on Khasra No. 526 also directed. atthe expense of appellant - Jaipur Development Authority Act. 1982- s.54 - Rajasthan Tenancy Act, 1955 - s.16 - Rajasthan LandRevenue (Allotment of Unoccupied Government Agricultural Land~for the Construction of Schools, Colleges, Dispensaries,B Dharamshalas and Other Buildings of Public Utility) Rules. 1963 -Rajasthan lmprol/ement Trust (Disposal of Urban Land) Rules. 1974- Constitution o/ India - Art. 21. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 1089 |
Petitioner | National Institute Of Medical Science University Rajasthan & Anr. |
Respondent | State Of Rajasthan & Ors. |
SCR | [2017] 13 S.C.R. 141 |
Judgement Date | 2017-11-09 |
Case Number | 38040-38041 |
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