JUDGMENT 1. - Jaipur City is taken to be an unique city of its type in the world and best in the State of Rajasthan. This beautiful Pink City was planned more than 250 years ago and its remarkable planning is one of the best plannings in the world. The planning of this city was with foresightedness. However, the rapid growth of population, expansion and development in all the walks of life has given rise to several problems including the developmental problems. In order to check hap- hazardous, un-planned and un-ruled development, it was felt that there should be proper plans, projects and schemes of development under the control of an organ of the State. The Jaipur Development Authority Act, 1982 has been enacted for the following aims and objects in relation to the Jaipur Region as indicated in the preamble of the Act : (i) Planning, co-ordinating and supervising, the orderly and rapid development of Jaipur Region. (ii) To enable, the Jaipur Development Authority to formulate and execute plans, projects and schemes for the development of Jaipur Region. (iii) To create proper housing, community facilities and civic amenities for the population of Jaipur Region, in perspective of 2001 A.D. or thereafter including the intermediate stages. 2. Section-2 of the Jaipur Development Authority Act (hereinafter referred to as, the Act) contains definitions. The word amenities has been defined in clause-(2) as under: "amenities' includes roads, bridges, any other means of communication, transport, streets, open spaces, parks, recreational grounds, playgrounds, water, gas and electric supply, and source of energy, street lighting, sewerage, drainage, conservancy, public works and such other utilities, services and conveniences as the State Government in consultation with the Authority may, by notification in the Official Gazette, specify to be an amenity for the purpose of this Act;" 3. Public purpose has been defined in clause-(17) as under : "public purpose' includes any purpose which is useful to the public or any class or section of the public and the requirement of land reserved or designated in a plan, project or scheme or for any other purpose under this Act;" 4. Under section 13 of the Act, Jaipur Traffic Control Board is constituted by the State Government. Sub-section(3) of section-13 prescribes the powers and the duties of the aforesaid Board, which includes "to determine parking places, stands, stops and cycle ways and other matters connected therewith". 5. Under section 13 of the Act, Jaipur Traffic Control Board is constituted by the State Government. Sub-section(3) of section-13 prescribes the powers and the duties of the aforesaid Board, which includes "to determine parking places, stands, stops and cycle ways and other matters connected therewith". 5. Section-16 of the Act provides functions of Jaipur Development Authority. 6. Section-23 prescribes the procedure to be followed in the preparation and sanction of Plans. sub-section(5) provides that the procedure as laid down in the sub-section(1) to (4) shall not be required to be followed in case the development of any project or scheme or any improvement thereof, in any zone is to be carried out on any land vested in the Authority. 7. Jaipur is a developing city and it cannot be disputed that with the increase in population and the number of vehicles, parking problem is also increasing. To provide a proper parking space is the need of the day to avoid traffic hazards. Mirza Ismail Road is undisputedly a business centre. 8. From the reply of J.D.A., it appears that a study was got conducted by National Transportation and Research Centre under the name "Jaipur Urban Transportation Study". And after going through all the aspects, it proposed that one-way system should be adopted on M.I. Road between Shahid Smarak and Ajmeri Gate and it was further suggested that parking demand on M.I. Road can be met by on-street parking spaces. A report in this connection has been submitted which is annex.-R-1 and the relevant proposal/suggestion given by the Study Team reads as follows : "M.I. Road is proposed as a one-way street between Shaheed Smarak and Ajmeri Gate, the parking demand on the M.I. Road can be met by the on street parking spaces. However, all the cross roads will need to be widened to the maximum to provide additional parking spaces." 9. From the reply, it further appears that the M.I. Road is now closed for heavy traffic from 8.00 A.M. to 8.00 P.M. and there is one-way traffic from Amarpur Ashram to Ajmeri-gate from 9.00 A.M. to 11.00 A.M. and from 4.00 P.M. to 7.00 P.M. which are the peak hours of traffic. 10. It further appears that on 26th June, 1987, a meeting to consider the problems of Jaipur City was held in the Chamber of the State Minister for Local- self Government and Urban Development and Housing. 10. It further appears that on 26th June, 1987, a meeting to consider the problems of Jaipur City was held in the Chamber of the State Minister for Local- self Government and Urban Development and Housing. In the said meeting, several problems of the City were discussed including the identification of parking places. The meeting was attended by the Commissioner, J.D.A., Collector, Jaipur, S.P. Jaipur, Secretary, J.D.A., Administrator, Municipal Council, Jaipur, Chief Engineer, RSEB, Addl. Chief Engineer P.H.E.D., Housing Commissioner, Jaipur, Dy. Secretary to Government of Rajasthan, Urban Development and Housing Department. For identification of parking places, the following decision was taken:- "IDENTIFICATION OF PARKING PLACES : It was felt that with the growth of traffic in Jaipur City, the problem of absence of suitable parking places in the congested markets is getting acute day-by-day. It was, therefore, suggested that suitable parking places in and around the congested markets should be identified and developed as parking lots for vehicles. To begin with, it was decided that the Ganda Nallah between M.I. Road and Ashoka Road be covered, the place from where Sabzi Mandi was shifted from Johri Bazar, the area outside Sanganeri Gate, the area outside Ajmeri Gate, and the land on the left hand side of the New Gate (which is, at present, in the possession of the Public Relations Department) should be developed as parking places. It was also suggested that multi storied parking lots could be developed on the Ganda Nallah and the land from where Sabzi Mandi was shifted from Johri Bazar. It was suggested that on the land in Johri Bazar from where Sabzi Mandi was shifted, basement and Ground Floor may be used for parking whereas the first and second floors might be utilised as office complex. The Sabzi Mandi land will be handed over by the Municipal Council, Jaipur to the Jaipur Development Authority and the latter will undertake the construction of parking place and the office complex on this land. The office complex accommodation shall be auctioned to meet the cost of construction, and any excess expenditure in this regard be borne by the J.D.A. The entire income accruing from the parking place on the Sabzi Mandi land shall go to the Municipal council and they will maintain and manage this parking area. The office complex accommodation shall be auctioned to meet the cost of construction, and any excess expenditure in this regard be borne by the J.D.A. The entire income accruing from the parking place on the Sabzi Mandi land shall go to the Municipal council and they will maintain and manage this parking area. The income from other parking places developed by J.D.A. shall go to J.D.A. who will also be responsible for the management and maintenance of these parking places. It was suggested that the Municipal Council should invite offers from private parties for exploring the possibilities of constructing self-financing underground parking places at Chhoti Chaupar and Badi Chaupar." 11. The above facts have been mentioned by me on the basis of a photo-state copy of minutes of the said meeting which has been made available in the course of arguments by the learned counsel for the J.D.A. 12. Thus, it appears that to provide more parking space on M.I. Road, it was proposed that the Ganda Nallah between M.I. Road and Ahoka Road be covered and it was also suggested that multi-storied parking lots could be developed on the Ganda Nallah. 13. Subsequently, an Executive Committee of Jaipur Development Authority was held on 15th July, 1987 and in the said meeting, it was decided that the construction of two storied parking lot over the Ganda Nallah between M.I. Road and Ashok Marg can be taken up at a total cost of 125 lacs, in the first phase only the work of the first story amounting to 73 lacs be taken up. It was also decided that efforts should be made to obtain funds for this project from State Government and various bodies like J.M.C., Housing Board, P.W.D. etc. It was also decided to accept the proposed suggestion that owners at M.I. Road between Ajmeri Gate and Govt. Hostel should be asked to pay Rs. 30,000/- per car parking space in case they cannot provide parking space as required of them. 14. Subsequently it transpired that all the agencies had declined and showed their inability to extend any financial assistance. Therefore, in a meeting held on 22-5-88 under the Chairmanship of State Minister for Urban Development and Housing, who is also Ex-officio Chairman of the J.D.A., it was decided that the J.D.A. will get the aforesaid work done at its own. 14. Subsequently it transpired that all the agencies had declined and showed their inability to extend any financial assistance. Therefore, in a meeting held on 22-5-88 under the Chairmanship of State Minister for Urban Development and Housing, who is also Ex-officio Chairman of the J.D.A., it was decided that the J.D.A. will get the aforesaid work done at its own. The minutes of the meeting dated 22-5-88 has also been made available by the counsel for the respondent in the course of arguments. 15. In pursuance of the aforesaid decisions of the Jaipur Development Authority, Ganda Nallah between M.I. Road and Ashok Marg was covered to provide the parking lot. However, it was found that the existing parking lot have not been utilised properly, which also appears from Annex.2-which is a cutting from the daily local Hindi newspaper 'Rastra-doot' dated 25th Nov. 1990 which has been filed by the petitioner. Hence, J.D.A. decided after prolonged consideration by various concerned authorities to develop a commercial complex on a part of the parking lot. The total land of parking lot between M.I. Road and Ashok Marg after covering the Ganda Nallah is stated to be 310 meters having total area of 5743 sq. meters as parking place. As per the details given by J.D.A., it can accommodate 156 cars and 238 scooters. Out of 310 meters land, the commercial complex is to cover 100 meters and thereafter, 40 meters land parking lot has been left towards Ashok Marg for parking place. Thus, according to the respondent J.D.A., 210 meters land area is still available for parking lot out of 310 meters of the total land and in this parking lot 100 cars and 140 scooters can be parked. A blue print Annex. R-3 has been placed on record by the respondent. 16. In this background of the facts, the petitioner Shri Kant Gupta has filed the present writ petition under article 226 of the constitution for seeking the following reliefs: (1) The non-petitioners may kindly be directed not to convert the aforesaid car parking site into a commercial complex and they may further be directed not to do so in future, and (2) It may kindly be declared that the aforesaid car parking site is a public property stands dedicated to the public use of which the general public is the beneficiary and the non-petitioners are its trustees. 17. 17. This petition has been filed as a public interest litigation. The petitioner claims himself to be a trader carrying his business activities on Mirza Ismail Road, near Panch Batti, Jaipur. The petitioner has filed this petition in the words of the petitioner "in order to up-hold the public rights of the people of Jaipur in respect of the management of traffic on the Mirza Ismail Road in general and more especially in the area near Panch-Batti Circle of the Mirza Ismail Road and the protection of the newly constructed parking complex, constructed over Ganda-Nallah, by the Jaipur Development Authority and dedicated to the use of-the public from the high handed and arbitrary action and decision of the Jaipur Development Authority itself, for converting this parking space into a commercial complex." 18. The petitioner has stated that Ganda Nallah has been covered by the State Government after spending 100 lacs from the Government Treasury and it has been dedicated to the public. The petitioner has further stated that an advertisement was published on Dec. 23, 1990 in the daily Nav Bharat Times issued by the J.D.A. by which the authority invited tenders for construction of commercial complex in the aforesaid car parking site. The petitioner has further stated that if the aforesaid commercial complex is allowed to be constructed on a public place which stands dedicated to the general public as car parking site, the general public will suffer a great inconvenience and irreparable loss. 19. From the perusal of the entire writ petition, it is clear that the petitioner has not given any particulars with regard to the existing car parking and scooter parking places at M.I. Road. It is also clear that the petitioner has not placed material on record to show the requirement of car parking and scooter parking places. 20. It further appears that the petition has been filed under a wrong apprehension that the entire parking lot which was developed on the Ganda-Nallah after covering it, is going to be converted into a commercial complex. 21. During the course of arguments, the learned counsel for the J.D.A. has shown 4 maps showing other parking places for scooters and cars which have been allotted by the J.D.A. on M.I. Road and they were also shown to the learned counsel for the petitioner. 21. During the course of arguments, the learned counsel for the J.D.A. has shown 4 maps showing other parking places for scooters and cars which have been allotted by the J.D.A. on M.I. Road and they were also shown to the learned counsel for the petitioner. From those maps, it is clear that there are number of other parking lots on the M.I. Road. 22. In the course of arguments, a suggestion was given to the counsel for the J.D.A. as to whether the J.D.A. is agreeable to develop the commercial complex in such a manner so as to leave sufficient open space so that vehicles may pass from M.I. Road to Ashoka Marg and vice-versa. In view of that suggestion, counsel for the respondent has submitted an application supported by an affidavit on 8th May, 1991 alongwith a map. In the said map, the proposed commercial complex has been shown by red strip and free passage has been shown in blue colour which is six meter wide and proposed parking place has been shown in green colour. The J.D.A. is agreeable to this map. During the course of arguments, the learned counsel for the petitioner gave a proposal that the J.D.A may construct the commercial complex, on pillar living (sic leaving) the ground floor so that the vehicles may pass from M.I. Road to Ashoka Marg and vice-versa, to prevent traffic jam. 23. It appears that the learned counsel for the petitioner was still not satisfied from new suggestion of J.D.A. as is clear from the reply dated 9/5/91 filed by the petitioner to the above application of J.D.A dated 8th May, 1991. Hence, it has become necessary for me to decide this petition on merits. 24. The first and foremost argument made by the learned counsel for the petitioner is that after covering the Ganda Nallah from M.I. Road to Ashoka Marg, it became a part of high-way, as such, the J.D.A. has no authority to raise any commercial complex even on any part of it. In this connection, the learned counsel for the petitioner has placed reliance on Firm Pyarelal Satpal and another v. Santlal and others, W.L.N. (Part-I) 543 , Ladhuram v. Municipal Board, Ganganagar, 1967 R.L.W. 255 , and The Municipal Board, Manglaur, Appellant v. Mahadeoji Maharaj, Respondent, AIR 1965 Supreme Court 1147 . 25. In this connection, the learned counsel for the petitioner has placed reliance on Firm Pyarelal Satpal and another v. Santlal and others, W.L.N. (Part-I) 543 , Ladhuram v. Municipal Board, Ganganagar, 1967 R.L.W. 255 , and The Municipal Board, Manglaur, Appellant v. Mahadeoji Maharaj, Respondent, AIR 1965 Supreme Court 1147 . 25. On the basis of these authorities, the contention of the learned counsel for the petitioner is that the parking lot in question is a part of public high-way or public road, as such, no part of it can be used by the J.D.A. for development/construction of a commercial complex. 26. I have considered this argument.From the perusal of the averments made in the writ petition, it appears that no such ground has been taken in the writ petition nor it has been disclosed as to how the parking lot can be said to be a public street or a part of high way. There is nothing on the record to show that after covering Ganda Nallah between M.I. Road and Ashoka Marg, it was dedicated as a public street/public road or public high-way. In the absence of any material on record and even in the absence of pleading in this connection, it is difficult to accept this argument made by the learned counsel for the petitioner. On the contrary, from the material on record,as well as the pleadings of the parties, it appears that the Ganda Nallah was covered to be used as a parking lot and not as a public street or public road. 27. The learned counsel for the petitioner then argued that the J.D.A. cannot construct a commercial complex as it amounts a change in the use of public place. This argument is also misconceived.Firstly, the proposal of covering Ganda Nallah was accepted in order to provide a parking lot. This scheme needed huge finances. Initially, it was proposed that other public institutions like Jaipur Municipal Council, Housing Board etc. will provide finances for this scheme but all these institutions declined, as such, the J.D.A. itself had to bear the entire expenditure. 28. As per the averments made in reply to the writ petition, it appears that the J.D.A. has spent the entire amount. Initially, it was proposed that other public institutions like Jaipur Municipal Council, Housing Board etc. will provide finances for this scheme but all these institutions declined, as such, the J.D.A. itself had to bear the entire expenditure. 28. As per the averments made in reply to the writ petition, it appears that the J.D.A. has spent the entire amount. It further appears that inspite of the fact that this area was covered for providing parking lot, but subsequently, it was borne out that such a vast area is not being utilised for the purpose for which it was earmarked. It also appears that on M.I. Road there are other spaces which have been left/earmarked as parking lots and those spaces have teen brought to my notice by the learned counsel for the J.D.A. and in this connection he shown 4 maps showing different parking places earmarked on M.I. Road and they were also shown to the learned counsel for the petitioner. When such a vast parking lot was not being usd, then J.D.A. decided to develop/construct a commercial complex on a part of it, the details of which have been given in the preceding paragraphs of this judgment. It cannot be disputed that development/construction of a commercial complex by J.D.A. is also a public function. J.D.A. has spent huge amount to cover the Ganda Nallah and if a portion of the area is used for other public purpose in order to augment the income of the authority, in my view, nothing is wrong with it. The purpose before the J.D.A. is the best utilisation of the available space. It is also not disputed that in between M.I. Road and Ashoka Marg, the development/construction of a commercial complex is not a faulty decision on the part of a J.D.A. In Forward Construction Co. and others v. Prabhat Mandal (Regd.) , Andheri and others And Municipal Corporation of Greater Bombay v. Prabhat Mandal and others With Prabhat Mandal and others v. Municipal Corporation of Greater Bombay and others, 1986(1) SCC 100 , a similar question was considered by the Apex Court of India. A plot of land was acquired by Municipal Corporation, Bombay for bus depot and on a small portion, two buildings were constructed for commercial purpose to augment income of the Corporation. The Supreme Court held that plot was substantially used for the purpose for which it has been acquired. A plot of land was acquired by Municipal Corporation, Bombay for bus depot and on a small portion, two buildings were constructed for commercial purpose to augment income of the Corporation. The Supreme Court held that plot was substantially used for the purpose for which it has been acquired. The Hon'ble Supreme Court further observed: "Public interest law activities at times champion one public interest which clashes with another public interest thus benefiting one segment of public at another expense. The purpose for which the plot was earmarked remains intact, that is, for the construction of bus depot. The other public interest sought to be achieved by the construction of the two buildings in addition to the bus depot is equally important." 29. Lastly, it was argued that there is a great need of parking places on M.I. Road as it happens to be a centralised business centre of Jaipur City. The learned counsel for the petitioner further submitted that the action of J.D.A. is wholly arbitrary and a beneficial plan has been changed for a commercial complex by J.D.A. As I have already stated above, the petitioner has not given any particulars and details about the exact requirement of parking space for the said area. The petitioner has also not given out the details of the existing parking places on M.I. Road which have been earmarked by the J.D.A. In the absence of material on record, the said argument cannot be said to have any basis. Contrary to this, it appears that there are number of other parking places which have been ear-marked by J.D.A. on M.I. Road for car parking and scooter parking. It also appears that the entire proposed area of parking lot created by covering Ganda Nallah was/is not being used and it does not appear that the necessity is such requires that the entire land should be left as a parking space. 30. During the course of arguments, I had one thing in my mind that in case space is not provided for having complete access for vehicles from M.I. Road to Ashoka Marg, it may create some problems to the public, when a number of vehicles are parked frequently and they have to use only one outlet from M.I. 4. 1986 (1) SCC 100 Road. 1986 (1) SCC 100 Road. As J.D.A. has agreed to provide a thorough space of 6 meters i.e. about 20 feet from M.I. Road to Ashoka Marg, the said problem shall not be created which I had in my mind. The learned counsel for the J.D.A. has undertaken that the commercial complex shall be made in accordance to the map which has been filed by the J.D.A. on 8th May, 1991 alongwith application supported by an affidavit. 31. Thus, taking into consideration all the facts and circumstances, I do not think that any interference is called in the action of J.D.A. in exercise of section 226 of the Constitution. 32. The learned counsel for the respondent J.D.A. had also made lengthy arguments to show that the present one is not a public interest litigation and if the petitioner has got any grievance against any action of J.D.A., the remedy lies to file a civil suit. As I have decided this petition on merits, as such, I need not consider this aspect of the argument and can only say that the weapon of public interest litigation is a safeguard must be utilised and invoked by the court with a great deal of circumspection and caution and that too by a person interested genuinely in the protection of the society. 33. Consequently, this petition has no merit and it is hereby dismissed with costs, which is quantified as Rs. 1000/-.Petition dismissed with costs. *******