Rajasthan HC Directs Civic Body To Decide Pending Construction Applications Under Revised Zonal Master Plan 2030 For Mt Abu Within 4 Weeks

In light of the revised Zonal Master Plan 2030 for Mount Abu being published by a notification dated December 11, 2024, the Rajasthan High Court directed resubmission of pending applications for constructions in Mount Abu under the revised Master Plan within a week and asked the Municipal Board, Mount Abu, to decide such applications within 4 weeks thereafter.

“In view of the discussions made above, the present writ petitions are disposed of with a 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…”

The bench of Justice Vinit Kumar Mathur was hearing a bunch of writ petitions by the residents of Mount Abu who had purchased plots therein and had filed applications before the Municipal Board seeking permission for construction, but the same were rejected on the ground that the State Government was in the process of framing the Zonal Master Plan for Mount Abu as per the directions issued by National Green Tribunal in 2021.

It was the case of the petitioners that even after a lapse of more than 3 years, the Zonal Master Plan was not prepared by the State Government as directed by the NGT and resultantly the permissions to undertake constructions were not being granted. It was submitted that the Court had passed many orders from time to time directing the State Government to expedite the framing of the Master Plan.

The Additional Advocate General was directed to file an affidavit regarding the progress in the matter and a compliance report was submitted as per which the Zonal Master Plan for Mount Abu was published on December 11, 2024 and it was submitted that in view of the same, the construction applications of the petitioners shall be considered as per the latest provisions.

After considering the submissions as well as the published Zonal Master Plan 2030, the Court directed the petitioners to file the applications under the provisions of the Zonal Master Plan 2030 within one week and the Municipal Board, Mount Abu was directed to decide those applications within four weeks from such filings.

Accordingly, the petitions were disposed of.

Title: Shaitan Singh v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 406

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