No high court breather for government on master plan

JODHPUR: In a blow to the state government, the high court refused to provide any relief to the government with regard to the directions about the Master Plan. A larger bench of the high court comprising Chief Justice Pradeep Nandrajog and two other judges, while disposing of the petition, said that all the directions given by the division bench of the high court on January 12, 2017 would exist to be adhered to.
“The only relief came in regard of the compounding rule. The larger bench has said that any construction beside the building bylaws, would not be compoundable as long as it did not affect others,” said the AAG Rajesh Panwar.
Apart from this, the larger bench has directed the government to abide by the directions by the division bench that there would not be any alteration in the ecological zone, even in future master plans, no regularization of the encroachments, unauthorized colonies or kachchi bastis unless there was sector and zonal plans in place and separate zone in Master Plan for the high rise buildings.
Panwar said that no permission would be given for construction of any high-rise building in any residential locality with single/double storey houses either.
The high court on January 12, 2017 had given 35-point directions regarding the master plan to the state government. The state government had sought amendment on some points stating that compliance of some points was not possible and also seeking modifications in compounding rules, but on not finding any relief, the state government moved the Supreme Court, which referred the matter to the larger bench of the high court.
The matter has now been referred back to the division bench of the high court which will hear the matter further on February 4, 2019.