1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6710/2010 Sanjay Bansal vs. The Sthayee Lok Adalat & Ors. Date of order : 13/12/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri D.K. Garg for the petitioner. Shri Rajneesh Gupta ) Shri J.P. Goyal) for the respondents. ****** This writ petition has been filed by the petitioner against the order of the Permanent Lok Adalat dated 21.4.2010. Contention of the learned counsel for the petitioner is that the property in dispute was gifted by mother of the petitioner and constructions have been raised with prior permission of the Nagar Nigam, Dholpur. The Permanent Lok Adalat has not provided any opportunity of hearing to the petitioner and yet it has directed the Nagar Nigam to demolish the constructions raised in the disputed site. Shri J.P. Goyal, learned counsel appearing for respondent no.3, who is complainant before the Permanent Lok Adalat submits that the property was in the name of petitioner's mother and she filed reply that she has gifted the property to the petitioner who is her son. Permission for construction was given for residential purpose, whereas petitioner has constructed commercial building. 2 It is also contended that if the petitioner feels that he would be affected by the order passed by the Permanent Lok Adalat, then she ought to have moved an application for being impleaded. Permanent Lok Adalat has not committed any mistake while passing the impugned order. Shri Rajnessh Gupta, learned counsel for Municipal Corporation submits that constructions carried out are not according to the sanctioned approved plan and that the petitioner has gone beyond the permission granted to him by raising commercial construction for which notice was given to him on 14.1.2010. Having heard the learned counsel for the parties and perused the material on record, I find that even independent to the order passed by the Permanent Lok Adalat, the Nagar Nigam is fully competent under the provisions of Rajasthan Municipalities Act to take steps and ensure that no illegal constructions are allowed to come up or illegal constructions are removed for which of course it has to follow the due process of law and undertake such action after serving notice to the affected party. In the circumstances, the direction of the Permanent Lok Adalat that compliance of the order shall be reported, may not be acted upon, however, Nagar Nigam, Dholpur will be free to take action as per the provisions of Rajasthan Municipalities Act 3 in accordance with law if it finds that the constructions that are raised are not in conformity with the permission granted or are contrary to such permission. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/-