1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.15721/2010 Private Hospitals and Nursing Homes Society Vs. State & Ors. Date of order : 29/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Lokesh Atrey for the petitioner. ****** This writ petition has been filed by the Private Hospitals and Nursing Homes Society through their Secretary Dr. Vijay Kapoor. Petitioner-society is representing several private nursing homes/hospitals which are located in different parts of Jaipur city, mostly in residential areas. These hospitals and nursing homes are located in the areas which are earmarked as residential in the master plan of the city. It is contended that the Government and its local bodies have themselves in Kota city allowed conversion of land, as specified in master plan, from residential to institutional for such nursing homes/private hospitals. Thus, it was prayed that respondents be directed to accord similar treatment to members of the petitioner- society in Jaipur city also. Learned counsel sought to rely on certain conditions of the master plan in support of his contentions. If the petitioner-society is claiming parity for its members, it would be for the individual members of the society to 2 approach the Nagar Nigam or Jaipur Development Authority, as the case may be, for consideration of their case to convert the land use from residential to institutional use. A writ petition for such purpose at the behest of a society, cannot be considered, to issue a general direction to the respondents, because such prayer will have to be considered on case to case basis, depending on the location of the hospital and keeping in view the already available nursing homes in that area and the requirement of any further nursing home. When any such application is made, it goes without saying that the respondents would consider the same in accordance with provisions of Jaipur Development Authority Act and the master plan consistent with other local laws. The petition is disposed of with the aforesaid liberty. It is expected from the respondents that before stopping activities of the members of the petitioner-society, the respondents would decide their application, if any, made to that effect, either way. (MOHAMMAD RAFIQ), J. RS/-