Naveen Sharma, Son Of Late Shri Murlidhar Sharma vs. State Of Rajasthan

Facts

The petitioner, Naveen Sharma, filed a Public Interest Litigation (PIL) before the Rajasthan High Court, alleging that various commercial activities were being conducted in the Ganesh Vatika residential scheme without proper approval from the authorities. The petitioner highlighted that the Jaipur Development Authority (JDA) had regularized the scheme as residential. A complaint was made to the Enforcement Officer of JDA, who acknowledged the presence of godowns and factories, including a chemical factory, within the colony. The Court, in its order dated July 16, 2026, directed the JDA to seal premises where commercial activities were being carried out without approval, after giving seven days' notice for removal of goods, and to submit a status report. The JDA, through its counsel, submitted that in compliance with the order, commercial activities had been closed, demolition had occurred, and a status report had been filed.

Held

The Court acknowledged the petitioner's submission that the Ganesh Vatika Scheme had been regularized as a residential scheme by the Jaipur Development Authority (JDA). It was further noted that various commercial activities were ongoing without approval, and the Enforcement Officer of the JDA had acknowledged the presence of godowns and factories, including a chemical factory. The Court found the operation of a chemical factory in a residential colony to be unauthorized, illegal, and hazardous to residents. Consequently, the Court directed the JDA to seal premises with unauthorized commercial activities after a seven-day notice for goods removal and to submit a status report. The JDA subsequently informed the Court that it had complied with the order by closing commercial activities, undertaking demolition, and filing a status report. In light of this compliance, the Court found no reason to continue the Public Interest Litigation.

Key Issues

1. Whether the operation of commercial activities, including a chemical factory, within a residential scheme regularized by the Jaipur Development Authority is illegal and hazardous, warranting intervention by the Court? (Question of law and fact, concerning the unauthorized use of land and public safety). Petitioner's arguments: The petitioner contended that commercial activities were being conducted in the Ganesh Vatika residential scheme without proper approval from the concerned authorities. They pointed to the acknowledgement by the Enforcement Officer of the JDA regarding the presence of godowns and factories, including a chemical factory, which posed a hazard to residents. The petitioner relied on the fact that the scheme was regularized as residential, implying that commercial use was impermissible. Revenue/State's arguments: The respondents, including the State of Rajasthan, Jaipur Development Authority, and Municipal Corporation Jaipur, did not explicitly present arguments in the provided text. However, the JDA, through its counsel, submitted that it had complied with the Court's order dated July 16, 2026, by closing commercial activities and undertaking demolition.