The Rajasthan High Court has directed the commissioner that the application for construction and repairs of houses be decided within 4 weeks as per Mount Abu’s Zonal Master Plan-2030.
The bench of Justice Vinit Kumar Mathur has disposed of the petition with the direction to the petitioners to file an appropriate application seeking permission of construction on the subject pieces of their land in accordance with the provisions of the Zonal Master Plan-2030 Mount Abu Eco-Sensitive Zone and the building bylaws prevailing in the Mount Abu within a period of one week and the respondent – Municipal Board Mount Abu shall decide such applications within a period of four weeks thereafter keeping in mind the provisions of the Zonal Master Plan-2030 Mount Abu Eco-Sensitive Zone and the building bylaws prevailing in the Mount Abu strictly in accordance with law.
The petitioners were the resident of Mount Abu and had residential plot. The plots in question were purchased by the petitioner in the year 2018 and after purchasing the plots, he filed an application before the Municipal Board, Mount Abu seeking permission for construction of the house. The application was rejected by the respondent – Municipal Board.
After enforcement of new bylaws, the petitioner moved another application on 13.06.2019 for raising construction, but the same too was rejected on the ground that the State Government is in the process of framing the Zonal Master Plan for Mount Abu, in pursuance of the directions issued by the National Green Tribunal vide its order dated 10.03.2021.
Since the State Government did not act upon the directions issued by the National Green Tribunal, resultantly, the permission for construction is not being processed and decided by the State Government, therefore, the present writ petitions have been filed.
Shreyansh Mardia, the counsel for the petitioners argued that after lapse of more than three years, Zonal Master Plan for the Mount Abu has not been prepared by the State Government, in compliance of the directions of the National Green Tribunal and, as such, the permission to undertake the construction on the subject pieces of land has not been granted. The Court has passed various orders from time to time and the State Government has been directed to expedite framing of the Zonal Master Plan for Mount Abu.
The court while disposing of the petition held that the construction permissions would be issued forthwith and strictly in accordance with the revised Zonal Master Plan and the existing building bye law prevailing in the town of Mount Abu.”
Case Details
Case Title: Shaitan Singh Versus State of Rajasthan
Case No.: S.B. Civil Writ Petition No. 6519/2023
Date: 12/12/2024
Counsel For Petitioner: Shreyansh Mardia
Counsel For Respondent: Rajesh Panwar, Sdurendra Thanvi, Prafull Gehlot
