[2025:RJ-JP:47745] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19799/2019 1. Surendra Kumar S/o Radhaballabh Mahajan, R/o B-48, Seth Bhamashah Krishi Upaj Mandi, Kota (Raj.) Currently Residing At 1-Ka-24 Vigyan Nagar, Kota (Raj.) 2. Durgashankar S/o Radhaballabh Mahajan, R/o B-48, Seth Bhamashah Krishi Upaj Mandi, Kota (Raj.) Currently Residing At 1-Ka-24 Vigyan Nagar, Kota (Raj.) 3. Shyam Kumar S/o Radhaballabh Mahajan, R/o B-48, Seth Bhamashah Krishi Upaj Mandi, Kota (Raj.) Currently Residing At 1-Ka-24 Vigyan Nagar, Kota (Raj.) 4. Sunil Kumar S/o Radhaballabh Mahajan, R/o B-48, Seth Bhamashah Krishi Upaj Mandi, Kota (Raj.) Currently Residing At 1-Ka-24 Vigyan Nagar, Kota (Raj.) ----Petitioners Versus 1. Municipal Corporation Kota through its Commissioner, Rajiv Gandhi Bhavan, C.A.D. Circle, Kota (Raj.). 2. Self-Government Department, Rajasthan, Government, Jaipur through its Director, Local Bodies, Near Civil Lines Phatak, Jaipur. 3. Smt. Nirmala Jain W/o Late Anand Raj Jain, R/o 1-Ka-23 Vigyan Nagar Kota (Raj.) 4. Shri Rajesh Jain S/o Late Anand Raj Jain, R/o 1-Ka-23 Vigyan Nagar Kota (Raj.) 5. Shri Sunil Kumar Jain S/o Late Anand Raj Jain, R/o 1-Ka- 23 Vigyan Nagar Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Alok Chaturvedi with Mr. Bhavani Shanker, Ms. Vedika Yadav, Mr. Rahul Sharma & Mr. Kartik Sharma For Respondent(s) : Mr. Siddharth Bapna with Mr. Rahul Kumar [2025:RJ-JP:47745] (2 of 4) [CW-19799/2019] HON'BLE MR. JUSTICE ANAND SHARMA Order 25/11/2025 1. Petitioners have filed the instant writ petition challenging order dated 26.09.2019 passed by the Director, Local Bodies, Jaipur, whereby appeal filed by the petitioners against seizure notices dated 09.05.2016 & 17.06.2016 has been dismissed. 2. Learned counsel for the petitioners submits that notices of seizure dated 09.05.2016 & 17.06.2016 were issued by the respondent-Municipal Corporation, Kota, in quite selective manner and ignoring the fact that in the entire lane, there are constructions at zero set-back but overlooking the same, only the petitioners have been made as scapegoat and directions for seizure were given. 3. Learned counsel for the petitioners also submits that the respondent-Municipal Corporation being a constitutional body established under the provisions of Rajasthan Municipality Act, 2009 is expected to act fairly without any discrimination whatsoever. 4. Learned counsel for the respondents No.3 to 5 opposed the petition and submitted that the petitioners are his next-door neighbours and have raised constructions at zero set-back which is not permissible under the building by-laws. Their illegal constructions are causing obstruction in fresh air and light to the respondents No.3 to 5 and therefore, it would be in the interest of justice to issue directions for demolition of the illegal constructions made by the petitioners or any other person. [2025:RJ-JP:47745] (3 of 4) [CW-19799/2019] 5. An application has also been filed enclosing report dated 07.08.2019 sent by the Deputy Commissioner, Municipal Corporation, Kota to the Director and Joint Secretary of Directorate of Local Self-Government Department, Jaipur (Rajasthan), revealing grave violations committed by the petitioners in raising constructions. 6. Merely, submitting that the respondent-Municipal Corporation has not issued notices to other wrong-doers or has not seized the illegal construction raised in respect of other properties, no vested right is conferred in favour of the petitioners to raise illegal constructions. Plea of discrimination cannot be raised to claim negative equality, to permit parity based on existing illegality in favour of others. It is settled that no directions can be given to perpetuate illegality. 7. It also appears by perusing the photographs placed on record that the petitioners were raising new construction and have also covered the public drainage (nala). 8. Needless to mention here that illegal and unauthorized constructions have emerged as serious menace to planned urban development and growth of the cities. Such constructions not only violate statutory provisions and building regulations, but also defeat the very purpose of town planning. Illegal constructions also encroach upon civic amenities and overburden infrastructure. It is, therefore, necessary that the authorities act with firmness and vigilance to curb this growing menace and ensure town planning schemes are implemented in their true spirit. 9. Under there circumstances, the present petition is disposed of with the directions to Municipal Corporation, Kota [2025:RJ-JP:47745] (4 of 4) [CW-19799/2019] (Rajasthan) to take appropriate actions in pursuance of report dated 07.08.2019 for demolishing the illegal construction. It goes without saying that while taking action against the petitioners, the Municipal Corporation, Kota (Rajasthan) cannot ignore the illegalities committed by the other persons in the same vicinity. Municipal Corporation, Kota (Rajasthan) is also expected to take action against the illegal constructions raised in the same vicinity, after following the due procedure established by law. 10. Accordingly, the present writ petition stands disposed of. 11. Respondent No.2 is directed to submit compliance report on record within a period of 60 days from the date of receipt of certified copy of this order. (ANAND SHARMA),J DAKSH/68