JUDGMENT 1. - As a conscious citizen of Jaipur, an eminent lawyer, Shri Ram Chandra Kasliwal, the petitioner, rightly turned his head from briefs to public grievances and finding the condition of famous Ramniwas Garden, a pride public park of Pink City, Jaipur in peevish condition, filed this writ petition in public interest praying that a direction be given to the State of Rajasthan to remove/demolish encroachments made in this, park by R.S.E.B., P.H.E.D., N.C.C. etc. and the vehicular traffic, which has turned this park into thoroughfare, should be stopped and prohibited. It is also prayed that the vehicles which come to Ravindra Manch should not enter through the main entrance gate of Ramniwas Garden and it should be provided with a separate approach. Prayer is also made that identity of the garden must be maintained and activities like the Circus, Public Meetings, Kavi Sammelans etc. should be banned in the garden. 2. The petitioner's grievance is that the grandeur of the garden is totally lost because of sheer mis-managment. It has no more remained a public park but has become a market place, a thoroughfare, a highway where all kinds of vehicles, automobiles, rickshaws move from early morning till late night and any numbers of Hawkers and beggars chase the tourists and several Khomchas and Thelas move from place to place to sell their goods. It is submitted that Ramniwas Garden in its original shape is not only a garden or a park but it is a complete complex for learning and entertainment dedicated to the people by the erstwhile Rulers of Jaipur. This garden has a Museum known throughout the country and the garden also has a Zoo, a play-ground known as Union Football ground, a small Cricket Pavelion and Ground known as Jaipur Cricket Club, Jaipur, Ladies club so on and so forth. The petitioner's further grievance is that though Ramniwas Garden has been declared as a public park and included in the Schedule to the Rajasthan Public Parks Act, 1959, yet its character is not maintained. His grievance is that neither the State nor the local Authorities have ever realised that they are the trustees of the public interest and have to safe-guard the public rights, on the contrary they are betraying the trust the shirking their responsibliities in every manner possible. He has submitted that this garden is being used for Circus Shows, Exhibition etc. His grievance is that neither the State nor the local Authorities have ever realised that they are the trustees of the public interest and have to safe-guard the public rights, on the contrary they are betraying the trust the shirking their responsibliities in every manner possible. He has submitted that this garden is being used for Circus Shows, Exhibition etc. which have not only spoiled the serenity of the garden but destroyed the green plantation. It is submitted that number of Khomchawalas and Caterers have entered the garden and are spoiling the entire ,ecology as they not only emit foul smell and smoke but garbage is always thrown on roads and at various places. Petitioner's grievance is that as the nuisance in the garden is not abated it became difficult for the morning walkers even to have their morning walks in this garden. 3. Notices were issued to all concerned. Thereafter the court felt the genuine difficulty of the morning walkers, therefore, directed the garden Authorities not to allow traffic in the garden up to 8.00 a.m. so that morning walkers could breathe unpolluted free air in the morning. The court also directed that no Circus Show or any exhibition which are likely to disturb the ecology of the garden should be permitted till further orders of the court. When the parties appeared - before the court they filed replies also. After going through the contents of the writ petition and the replies filed I thought it proper to call in person the Superintendent of Police (Traffic), Jaipur and senior Town Planner, Jaipur Development Authority, Jaipur. Thereafter they appeared before the Court. It was found advisable that the officers of the various other departments of the State should also be invited to have a round table meeting and thereafter submit a plan to this court. Administrator, Municipal Council, Jaipur, Senior Town Planner, J.D.A., Jaipur, Addl. Superintendent of Police (Traffic), Jaipur, Executive Engineer (B&R) City Division, Jaipur, District Forest Officer, Jaipur, Superintending Engineer (Traffic) PWD Horticulturist and a representative of Chief Conservator of Forest dealing with wild life all met at one place and took certain decisions. That was a good beginning in this direction. I directed them to prepare a proposed blue print of Ramniwas Garden in accordance with the decisions arrived at in their meeting. That was a good beginning in this direction. I directed them to prepare a proposed blue print of Ramniwas Garden in accordance with the decisions arrived at in their meeting. Jaipur Development Authority after holding a meeting submitted 15 copies of proposed plan they prepared. In this plan Jaipur Development Authority proposed certain reshaping and re-designing of the garden. But since the rights of various parties were affected, I thought it proper to invite objections from all and sundary. I directed that the proposed development plan of Ramniwas Garden be published in press and invite the objections/suggestions, if any. The proposed plan therefore, was published in Rajasthan Patrika and other dailies of Jaipur. During this period court received 17 representations from various organizations and individuals. They were marked 1 to 17. Since certain objections required to be dealt with, notices were issued to Shri Rajendra Singh, President Bagayat - Dukandar Association, Sainik Chat Bhandar, Shri R.S. Kumbhat, State Chief Commissioner of Rajasthan State, Bharat Scouts and Guides, Shri O.P. Khandelwal of Rajdeep Hotel etc. and thereafter arguments were heard in details. Since the arguments centered round the proposed plan published, it was thought proper to hear the arguments in Chamber as the plan could be well spread over the table and discussed. It is a matter of great satisfaction that learned counsel for the parties including learned Advocate General Shri Sagarmal Mehta agreed on most of the submissions advanced by learned counsel for the petitioner, unanimity was arrived at on most of the issues involved and there remained no controversy on them. 4. It may also be observed here that when former Advocate General Shri B.P. Agarwal appeared in the case on the previous dates of hearing he expressed before the court deep concern of the then Chief Minister, Shri Bhairon Singh Shekhawat about present state of this garden. It is no use enumerating the points on which there was no controversy left at this place of the order since the same are dealt at later stage. I would however, venture to give the brief history of this garden and legal and social aspects of matter. 5. It is well known that city of Jaipur was planned by Shri Vidyadhar, an eminent Architect, during the reign of benevolent Ruler Sawai Jaisingh of Jaipur over 260 years ago. I would however, venture to give the brief history of this garden and legal and social aspects of matter. 5. It is well known that city of Jaipur was planned by Shri Vidyadhar, an eminent Architect, during the reign of benevolent Ruler Sawai Jaisingh of Jaipur over 260 years ago. Both, the Ruler and the Architect intended to build a city which was unparallel in India and which had all facilities available, keeping in mind that there should be enough gardens and open places and wide roads to cater to the needs of citizens for centuries to come. The city was planned in a manner that it was built on a plateau. Right from Kanak Vrandavan Ghati open places were kept on all sides of the walled city and inside the city, like that of Chaugan, Jai-Niwas Garden, Jalebi Chowk, Aatish etc. Huge land was allotted to all erstwhile Jagirdars, Thikanedars, Kamdars, big businessmen and prominent citizens, on all sides of the city outside the four walls of the Town. They consructed orchards bagichies, Dadabadies, their summer houses etc. Care was taken that in no case the city may have polluted air or stringth water but with the efflux of the population after Jaipur became the Capital of Rajasthan, hopes of the Planners were belied and Jaipur started loosing its grandeur and free air. A city once known as Paris of India, of which the whole country was proud of, became too crowded and too polluted. Government failed to stop haphezard growth onslought on the gardens and open places and encroachments on public places. Fortunately some of the land in possession of the Government could be restored and is still available but all the private gardens and the bagichies and orchards have been fragmented into pieces and sold out for residential houses, many of them in an unplanned manner, resulting in spoiling ecology of the town and making conjestion. In making encroachments not only some of public men were involved but even Government undertakings did not lag behind inasmuch as R.S.RT.C. started one of its Bus-stand in garden behind Ram Prakash Cinema for which I have to issue a direction for removal in a separate writ petition. With such sort of tendancies how Ramniwas garden could be an exception ? As is apparent from a letter written to this court, in reply to notice issued in press, by Late Pt. With such sort of tendancies how Ramniwas garden could be an exception ? As is apparent from a letter written to this court, in reply to notice issued in press, by Late Pt. Devi Shanker Tiwari, a prominent citizen and Ex Minister in State of Jaipur, apprised the court that there was no thorough traffic through Ramniwas garden prior to 1942. It was only in 1942 when Sir Mirza Ismile got the New Gate opened in city wall, the traffic started through this garden else the entire traffic was through Moti Dungan Road and Tonk Road which was known as Sawai Ramsingh road. With the start of the traffic he bemoaned that grandeur and the character of the garden was lost and a paradise for the people of Jaipur where they could come for morning walk and recreation, was reduced to a highly polluted place where several nefarious activites are going on. He, in reply to the Notification issued by the court, made several suggestions and also demanded the stopping of the traffic through the garden and restore the traffic on the roads which were prior to 1942 and prayed for shifting even the Union Football ground and Jaipur Cricket Club to Chaugan and Mansingh Stadium. He has also suggested that old urinals and lavatories made in the garden are out-dated and stings therefore, they should be demolished and instead new lavatories and urinals should be constructed on various comers so that the main garden remains free from foul smell. He also suggested that entrance to NCC Office should be through Maharajas college gate and not the garden. He also suggested a road through Scout Headquarters in Baradiya Colony. 6. Shri Banshi Lal Luhadia another Advocate and President of the senior citizens council, Jaipur also sent the reply and suggested that not only the traffic should be banned but the restaurants and illegal encroachments and unauthorised Khomchawalas should also be removed. He also suggested that there are no sheds for the persons to sit in the garden therefore, some sheds should be constructed for taking rest by morning walkers specially old people who can sit together in case there is rain or extreme cold. 7. He also suggested that there are no sheds for the persons to sit in the garden therefore, some sheds should be constructed for taking rest by morning walkers specially old people who can sit together in case there is rain or extreme cold. 7. Shri R.S. Kumbhat, a senior IAS Officer who is also looking- after Scouts and Guiding Association activities strongly pleaded for keeping the Scouts and Guides Headquarters in the garden where it exists and not to recommend shifting. Shri C.B.L. Mathur, consulting engineer and former Addll. Chief Engineer, Public Works Department, informed the court that Way back in 1969 Rajasthan Government constituted a Committee for development of Ramniwas garden, Sheeshodiyarani garden and Jhalana garden. The Committee was made under the Chairmanship of the then P.W.D. Minister, Late Shri Aminuddin Ahmed, Nawab of Luharu and among other important citizens Shri Poonamchand Bishnoi, former Minister, Shri Bhairon Singh Shekhawat, former Chief Minister, Shri Devi Shanker Tiwari and few others were the members. According to the report the garden was constructed on 75 acres of land by erstwhile Maharaja Sawai Mansingh of Jaipur in the year 1863. The Committee was of the opinion that garden is now falling short of the needs of the growing city and it is aggravated more by the occupation of much of the lands by Clubs, Play-grounds and Boys Scouts and Guides' Association. It suggested that the Clubs and the Play-grounds may be shifted either to the Sawai Mansingh Stadium or the Chaugans. Boys Scouts and Guides Headquarters may be shifted to its Headquarters in Bani Park. No Circus or Exhibitions should be permitted in the space earmarked for Bal-Udyan area occupied by Electricity Board and the Water Works Department, may be cordonned off with independent entries, cost of land so transferred be recovered and utilised for the development of the garden. Entry to Tagore Theater may be made by independent gate and so also to the Ladies Club. Several other suggestions were made regarding proper uplifting of the Zoo making to an equilibrium, Nocturnal House etc. This report also had an addendum notes by various Members. 8. The aforesaid narration of facts lend ample support to the petitioner's grievances and exhibit great concern and anxiety of prominent people of Jaipur about the existing conditions of Ramniwas Garden. Several other suggestions were made regarding proper uplifting of the Zoo making to an equilibrium, Nocturnal House etc. This report also had an addendum notes by various Members. 8. The aforesaid narration of facts lend ample support to the petitioner's grievances and exhibit great concern and anxiety of prominent people of Jaipur about the existing conditions of Ramniwas Garden. All desire that it should not be made a public street and park should be left as a park and the place for recreation and better enjoyment of life by the citizens of Jaipur and the tourists. It should serve as a breathing valve as it is situated in the heart of the city of Jaipur. 9. I now deal with the legal aspect of the matter. Rajasthan Public Parks Act, 1956 (hereinafter referred to as "the Act of 1956), enacted in the year 1956 with a view to provide for the establishment, protection and preservation of public parks in the State of Rajasthan, for the establishment of Zoos and maintenance of animals therein, for the preservation of other objects of scientific interest therein, for securing the public from molestation and annoyance while resorting thereto and for incidental matters. Government had the power to declare by way of a notification in the official Gazette any park or garden to be a public park within the meaning of the word Park'. 10. Government had the power to declare by way of a notification in the official Gazette any park or garden to be a public park within the meaning of the word Park'. 10. Section provides for making rules in respect of the purposes mentioned therein, namely (a) the powers and duties of the Superintendent and other officers and servants employed in a park in regard to : (i) the exclusion of members of the public from any area or areas within the park, (ii) the killing, capturing or impounding of any animal within the park, or within a Zoo therein, and the disposal of such animal, (iii) the disposal of any animal, vegetable, a mineral or other product of the park, (b) the conditions subject to which a person may enter or reside in a park and the periods or times during which a park or any portion thereof shall be open to the public, (c) the protection and preservation of a park and of the animals and the property therein, (d) the regulation of traffic and carriage of passengers in a park, the points by which the persons may enter, and the routs by which they may pass through a park, (e) the protection from defacement by writing or otherwise or any tree, bridge, rock, fence, seat or other object in a park, (f) the power to compound offences, (g) the teasing or annoying of animals kept in Park, (h) the commission of nuisances in a park, (i) the molestation of or annoyance of any person, (j) the prohibition of bathing or the pollution of water in a park, and (k) the purchase of any produce of a park. 11. Rules were framed'in the year 1959 and there being a declaration by the State name of Ramni was Garden, Jaipur has been entered at No. 10 in the Schedule appended to the Rules. Thus, Ramniwas Garden is a park within the meaning of sub-section (2) of Section 2 of the Act of 1956. The definition as given in Section 2 reads asunder: 'Park' means any park or garden declared to be a public park under this Act as well as any Zoo within any public park so declared". Under the Rules conditions of entry and residence in garden has been mentioned in Rule 9. The definition as given in Section 2 reads asunder: 'Park' means any park or garden declared to be a public park under this Act as well as any Zoo within any public park so declared". Under the Rules conditions of entry and residence in garden has been mentioned in Rule 9. Sub-rule (10) of Rule 9 reads as under : 'No person shall in a park drive, ride or wheel any animal, vehicle or cycle of any kind across or any part of the park other than roads, leave or permit the same to remain upon any part of the park, other than the place provided for". 12. Sub-rule (11) of Rule 9 provides for driving or bringing any heavy vehicle, tractor or any other heavy machine on wheel or belt. 13. Thus, the activities in the park mentioned by the petitioner in his writ petition violates the provisions of the Act of 1956 and the Notification of 1959. Sub-rules (10) and (11) of Rule 9 of the Rules are violated. 14. Protecting the environment is a governmental function. The State cannot ignore Art. 48A of the Constitution of India which declares that the State shall endeavour to protect and improve the environment and to safe-guard the forest and wild life in the country. The object of the Environment (Protection) Act, 1986, Act No. 29 of 1986 is also to provide protection and improvement of environment and for matters connected therewith. The preamble of the Act reads as under : "Whereas decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; And whereas it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and imporvement of environment and the prevention to hazards to human beings, other living creatures, plants and property". Environment has been defined in Section 2 as under : "Environment includes water, air and land and the inter relationship which exists among and between water, air and human beings, other living creatures, plants micro-organism and property". Allahabad High Court in Arun Kumar Vs. Nagar Mahapalika, Allahabad & other (Civil Misc. Writ Petition No. 19296/86, Dated 24.4.87 (All. Environment has been defined in Section 2 as under : "Environment includes water, air and land and the inter relationship which exists among and between water, air and human beings, other living creatures, plants micro-organism and property". Allahabad High Court in Arun Kumar Vs. Nagar Mahapalika, Allahabad & other (Civil Misc. Writ Petition No. 19296/86, Dated 24.4.87 (All. High Court) in the matter of Alfred Park, Allahabad observed, "Protecting the environment was, but is no longer a private matter. It is a concept which has to be seriously embodied and the sooner the better. One of the hazards of urbanisation today is taking conflict with nature. The mandate of protecting nature has been put on all the citizens in the Constitution of India in the directive Principles of State Policy. The State cannot ignore its edict in a city.....Planning inside a park must have a purpose so that there is a direct coordination with functions of the park. These open spaces are to be preserved, Buildings are not to be put at the whims of those who govern the city. Public participation in planning are not to be ignored. The State is obliged to accept the suggestions of the residents and seriously consider the proposals with the Town and Country Planning Department before attempting to upset the conforming use of a space already dedicated for public use". Their Lordships of the Supreme Court in Olga Tellis and others Vs. Bombay Municipal Corporation and others ( AIR 1986 SC 180 ) have held that" even the public had a limited right of using such public properties only for the purpose for which they had been created. For instance, in reference to a sidewalk, pavement or public road or street the Supreme Court held, 'No one has right to make use of public property for private purpose without the requisite authorisation and, therefore, it is erroneous to contend that pavement dwellers have the right to encroach upon pavements or constructing dwellings thereon. Public streets, of which pavements form a part are primarily dedicated for the purpose of passage and even pedestrians have but limited right of using pavements for purpose of passing and repassing. So long as a person does not transgress the limited purpose for which pavements are made, his use thereof is legitimate and lawful. Public streets, of which pavements form a part are primarily dedicated for the purpose of passage and even pedestrians have but limited right of using pavements for purpose of passing and repassing. So long as a person does not transgress the limited purpose for which pavements are made, his use thereof is legitimate and lawful. But, if a person puts any public property to a use for which it is not intended and is not authorised so to use it, he becomes a trespasser". In para 57 their Lordships summarised by observing that no person has a right to encroach, by erecting a structure or otherwise on footpath, pavements or any other place reserved or earmarked for public purpose, e.g., a garden or a playground (in reference to the context emphasis supplied). 15. In case of Bombay Hawkers Union Vs. Bombay Municipal Corporation ( AIR 1985 SC 1206 ) their Lordships held as under : ".....No one has any right to do his or her trade or business so as to cause nuisance, annoyance or inconvenience to the other members of the public. Public streets, by their very nomenclature and definition, are meant for the use of the general public. They are not laid to facilitate the carrying on of private trade or business. If hawkers were to be conceded the right claimed by them, they could hold the society to ransom by squatting on the centre of busy thoroughfares, thereby paralysing all civic life. Indeed, that is what some of them have made it impossible for the pedestrians to walk on footpaths or even on the streets properly so called"......" Both the aforesaid decisions of their Lordships of the Supreme Court were followed by Allahabad High Court yet another judgment to which the brother Chief Justice, Shri K.C. Agrawal was a party, held that a public park like a public footpath or sidewalk or pavement must remain free for use for the purpose for which it is intended, and like a public footpath or a street, cannot be violated by encroachment. Likewise a public park is meant for all the city dwellers and is to be made accessible to the public free from hindrance for use as a park only and no other purpose. Likewise a public park is meant for all the city dwellers and is to be made accessible to the public free from hindrance for use as a park only and no other purpose. Directing the eviction of the trespassers and removal of encroachments the court observed that the State Government and the local body, the Nagar Mahapalika is obliged and is under a mandate of law to prevent the encroachment and trespass of a public place, the Purshottam Das Tandon Park. 16. Therefore, legally speaking I have no hesitation in holding that Ramniwas Garden is a public park which is to be left as a park and should be restored to its original form except for modifications to improve upon it providing facilities for better enjoyment of the planned city whether it is for infants, children, infirm or old and should maintain its health as if it is lungs of the city. The thorough traffic and the encroachments are required to be removed. The public in present in all its gramatical variation cannot park itself into a public park and such acts amount trespass and violate the purpose for which Ramniwas Garden has been established. 17. There is also a social aspect of the matter that ever since the Scientists have started writing on 'Man and Nature' they are unanimous on the point that interaction between man and nature is inseparable from the very history of humanity. E. Fedorow in his book 'Man and Nature' observes : 'The highest form of interaction between life in general and environment is the interaction between man and nature and at every stage, which puts new angles on our requirements for information about the development of earth science and corresponding changes in the natural environment". Thus, from the study of the problems between man and nature qua developmental science a doubt comes in my mind whether with the growing discharge of affluent and with ever increasing pollution people will survive at all and if they do what life will be like in future, all the more with gaseous an smoky pollutions. Everybody knows that he is a sufferer if he disturbs the natural environment. Even if we take the smallest example in our houses, earlier when the meals were cooked on cow-dungs and wood there used to be smoke in the house and everybody would be rubbing the eyes. Everybody knows that he is a sufferer if he disturbs the natural environment. Even if we take the smallest example in our houses, earlier when the meals were cooked on cow-dungs and wood there used to be smoke in the house and everybody would be rubbing the eyes. Ever since it has been replaced first by coal, then by kerosene, then by biogas and now LPG followed by electric-ovens the situations have been improving and today when the meals are cooked in micro-ovens there is not an iota of disturbance in the ecology. Similarly in vehicluar traffics it is commonly known that diesel driven tempos, busses, trucks and other mobiles when rot properly tuned emulate dark black smoke resulting in disturbing the entire ecology. At times people start feeling breathless and because of the smoke bayer during the winter months, specially entire atmosphere is so-much polluted that as per Scientist if one person would move for six hours in a busy market area where from the vehicular traffic passes he has already inhaled as much smoke as much he would have inhaled by smoking five cigarettes. Thus, on one hand there is statutory warning that smoking is injurious to health, is it not essential that smoking through indirect methods which is equally injurious to health, should be prohibited ? I know, all efforts are being made, laws have also been enacted, provisions have also been kept in Motor Vehicles Act as well as Environmental Pollution Act, but is that all sufficient ? This all requires a clean understanding by the people which cannot only be given by enforcing the laws but also by educating the people. It is well known that for all over these centuries mankind has always solved several problems about reducing the pollution by inventing treatment plants, recycling methods etc. Even the present trend of development of science in general and the earth science in particular furnishes ample proof that in future too all ecology problems would be tackled as solved but again emphasis is on the will of the people to implement the solutions suggested. The present density of population in large cities has become a matter of great concern. There is lot of pressure on land and building activities are increasing both in length and hight. Over population and conjestion too is polluting the atmosphere of the cities. The present density of population in large cities has become a matter of great concern. There is lot of pressure on land and building activities are increasing both in length and hight. Over population and conjestion too is polluting the atmosphere of the cities. Though this, as a matter of fact, is basically a social problem, affects social and economic conditions and should be concern of social thinkers and the authorities incharge of administration, yet when they fail in carrying on their duties and a conscious citizen brings this to the notice of the courts, it behoves the courts to step in public interest and give effect to the provisions of law and it is in this back ground that I have ventured to deal with this case with a view to do greater good to the greater number, though in doing so it may cause inconvenience to many. When the larger interest of the present generation and that of posterity is.before the court, narrow small personal interest of the people has to be sacrificed. I have also kept in mind that it is now universally accepted that there should not be more than 35% of construction on land and open space and green belts must be left open while planning the cities and if they had been so kept by the old Planners of the cities and now encroached they must be restored to their original positions. 18. There is yet another important aspect of the matter which cannot be lost sight of and is in uppermost in my mind, i.e. concerning the rights of the animal. The animal which has been recognised now in the entire world as an Animal Citizen. Well being of animals has now been enshrined in the Constitution of India under Art. 51A(g). From the older times of Budha and Mahaveer to Mahatma Gandhi all have preached and practised kindness and compassion towards all the living beings in this world. They have said that the society has a duty towards the well beings of the animals. This order therefore, cannot be complete without giving words to those speechless species of the God which has no toung to speak, yet convey their miseries through their eyes and expressions of their voices. They are already sufferers because they are caged and are not let free to enjoy a life in the company of their fellow beings. This order therefore, cannot be complete without giving words to those speechless species of the God which has no toung to speak, yet convey their miseries through their eyes and expressions of their voices. They are already sufferers because they are caged and are not let free to enjoy a life in the company of their fellow beings. Caged as they are, yet they are required to be taken care of with utmost senses of devotion and dedication to them so that the entire community of such animals becomes sentient beings with the right to live their lives free from avoidable sufferings at the hands of the human beings, To this extent in the words of Lt. Gen. (Retired) A.K. Chaterjee, President of Animal Welfare Board of India, man has not only his rights but also his responsibilities towards our protection less animal race. Indeed it is our duty to provide for welfare of other species. He said in his Chairman's letter, "All animals are entitled to respect and right to the attention, care and protection of men. It is our essential responsibility towards the animals. Human education should be organised by our Animal Welfare Organisation to teach respect for animals and provide suitable guidance to the society. In above laws and enforcement agencies be structure to guarantee legal protection to the animals. One of the brilliant Humanitarion Judge is Noel Cannon, a Judge of Los Angeles Court once observed, "Where animals are concerned seems to have sennachied off its morals and aesthetics. It is very imagination in relation to animals can civilise humans persuaded themselves that they have absolute and arbitrari rights - that they may do anything whatever they can get away with. 19. Where the species uniquely capable of imagination rationality and moral joys - and this precisely what we are under the obligations to recognise and respect the rights of the animals".Henry W. Long Felow, a famous poet has written - "Among the noblest in the land, Though man may count himself the least, That man on the honour and sewer, Who without favour, without fear, In the great city dares to stand, The friend of friendless beast". 20. 20. I have therefore, ventured to speak up for the rights and protection for these voiceless and helpless animals lounging in the cages of Ramniwas Carden who, due to smoky pollution and noise pollution, adds to their sufferings for the whole day. They amuse the thousands of the visitors, but even after that they have no resting hour. They must be saying that while the strongest and cruelist animal - man is not coming to their help. I am happy by this writ petition. Mr. Kasliwal has considered it to be his moral responsibility to stop the violence and cruelty to these animals by asking this court to stop the vehicular traffic through this Ramniwas Garden so that level of pollution, both, air and noise, can atleast be reduced. 21. I have already mentioned above that on most of the issues there was complete agreement between all the parties before this court and it was agreed upon that (a) Ramniwas Garden shall be maintained as is required by law and no thoroughfare should be permitted to pass through it, (b) the vehicular traffic may be directed on Moti Dungari Road and Tonk Road (Sawai Ramsing Highway), (c) The Museum Marg should be widened and traffic may pass through rear portion of Ramniwas Garden connecting it with Jawahar Lal Nehru Marg and that may be a road with a divider in between, no traffic should be permitted from that point towards front side of the garden, (d) the Aarogya-path should be widened, (e) the area under occupation of R.S.E.B. and P.H.E.D. should be separately demarcated and in between garden and this area a link road must be constructed, (f) Parking place should be provided on all the three sides of the garden, (g) No public meetings, Circus etc. or any other activity which is likely to spoil the atmosphere of the garden be permitted inside the garden, (h) Cafeteria and various eatable Stalls should be properly regularised and no cooking material except L.P. Gas be permitted, (i) Ladies club should only be permitted for the use of its members connected with the activities of the club only. 22. or any other activity which is likely to spoil the atmosphere of the garden be permitted inside the garden, (h) Cafeteria and various eatable Stalls should be properly regularised and no cooking material except L.P. Gas be permitted, (i) Ladies club should only be permitted for the use of its members connected with the activities of the club only. 22. The aforesaid agreements arrived at ample demonstrate anxiety of all concerned to restore this garden to its original grandeur and it should be maintained in a manner that it not only brings visitors close to the nature but also supply ample oxygen and work as natural health centre, both, for the wild life of the Zoo, the birds, both in cage and free and to the inhabitants of Jaipur and as a place of sight seeing for the tourists. 23. In view of the aforesaid discussion this writ petition is allowed and it is directed that: 1. Ramniwas garden shall be kept as a park within the meaning of the Act of 1956 and no thoroughfare or vehicular traffic shall be allowed to pass through it with the exception that such narrow lanes may be made for bringing certain vehicles inside for the purpose of catering to the needs of animals in the Zoo and for carrying mannure for lawns and plants and for removing garbage from the garden, 2. The vehicular traffic which now passes through Ramniwas Garden shall be diverted on Moti Dungari Road and Tonk Road (Sawai Ramsingh Highway). Encroachments on these roads shall be removed and roads widened so as to make it suitable for fast moving traffic, 3. The Museum marg shall be made as a link road between Moti Dungari Road and Jawahar Lal Nehru Marg passing through the rear portion of the Museum. This Museum marg shall be widened and, will have a divider passing through Ramniwas Garden upto Jawahar Lal Nehru Marg keeping the Marble Chhatri existing in the garden intact If need be it will be open to the J.D.A. to construct the road on the vacant area covered by Footpath and lawn parallel to Nursery and the children garden, 4. Carriage way on Aarogya path joining Jawahar Lal Nehru Marg with Tonk road shall be widened and made as regular link road. Carriage way on Aarogya path joining Jawahar Lal Nehru Marg with Tonk road shall be widened and made as regular link road. J.D.A. may request the hospital authorities to get the quarters vacated falling on this road providing the occupants alternate accommodation and widening may be done by acquiring that land. J.D.A. may allot alternate land or pay such compensation as is agreed upon between J.D.A. and the hospital Authorities, 5. Proper barriers shall be placed at various points marked in the map and they shall be so made that even Scooters and Cycles are not permitted inside, 6. Parking places shall be provided towards the museum road, Jawahar Lal Nehru marg and the buffer Zone between the main gate opposite Chaura Rasta and the barrier to be placed at point No. 2 in the map, in the garden, 7. Area under the occupation of R.S.E.B. and P.H.E.D. shall be demarcated. They shall not be permitted to increase the area already under occupation and shall have their independent entrance and new link road shall be constricted behind R.S.E.B. and P.H.E.D. Offices connecting Sir Mirza Ismial from the point where present gate opposite Mansing Cinema exists with Tonk Road at a point almost opposite M.G.D. School, 8. Existing Careteria and other Stalls which are at present located in the enclosure may either be regularised and retained at those places or the garden Authorities in consultation with the J.D.A. may provide them some other place but in any case they shall be directed not to use cock or wood fuel for the purpose of cooking. They shall only be permitted to use L.P. Gas. They shall be directed to keep proper garbage containers and it shall be their responsibility for getting them removed and in case garden Authorities are forced to remove it the same shall be at the cost of Stall holders and cafeteria. The lisencees if violate the conditions the Authorities may terminate their licence in accordance with law and ask them to vacate the premises, 9. The Mosque shall be constructed on all the corners of the garden in accordance with the specification to be decided in consultation with J.D.A. making proper arrangements for throwing garbage. Khomchas, thelas and Hawkers shall not be permitted to stand anywhere except the area earmarked places to be earmarked by the Authorities. The Mosque shall be constructed on all the corners of the garden in accordance with the specification to be decided in consultation with J.D.A. making proper arrangements for throwing garbage. Khomchas, thelas and Hawkers shall not be permitted to stand anywhere except the area earmarked places to be earmarked by the Authorities. They shall in nu case be permitted to spoil the environment of the garden, 10. In view of the fact that S.M.S. Stadium and Chaugan Stadium have been made, the State Govt. and the Sports Council should negotiate for carrying on J.C.C. and Union Foot-ball activities at some other places. If this cannot be done, the Union Foot-ball ground shall have its entry from Gem Cinema right side only, 11. the ladies club shall use its premises only for the activities connected with the objects of the club and shall not let out for marriage purposes and such other purposes which are not germen to the objects of the club, 12. the traffic to Ravindra Munch Complex and the Union foot-ball ground and the area which is used for flower shows, vegetables and horticulture exhibitions etc. be permitted only from the gate opposite Gem Cinema, 13. the P.W.D. in consultation with the town planner shall construct such shed or sheds as is considered necessary providing proper benches for resting to the visitors of the garden. However, it shall, in no case, obstruct the view of Albert Hall and Museum from either side, 14. the State Government if, for reasons to be recorded by concerned Authorities, deems it proper to permit any cultural or educational activity in any part of the garden it shall provide for special budget to the garden Authorities for repair any damage if per chance done, 15. Annexure A is made a part of this order which indicates the portion marked by red pencil to indicate that in no maner any type of violation of the aforesaid conditions shall be made in future and roads indicated by blue pencil shall be properly constructed and maintained, 16. it shall be lawful for the State Authorities in consultation with the J.D.A. to acquire in future any land beyond the red mark portion in Annexure I for the purpose of development of the city, 17. the Municipal Corporation shall not permit any garbage or rubbish or meat or flesh on the road side on Moti Dungari Road. 24. it shall be lawful for the State Authorities in consultation with the J.D.A. to acquire in future any land beyond the red mark portion in Annexure I for the purpose of development of the city, 17. the Municipal Corporation shall not permit any garbage or rubbish or meat or flesh on the road side on Moti Dungari Road. 24. The directions given in the aforesaid order shall be carried out in letter and spirit and process must start in a period not later than three months of the passing of this order and thereafter should be completed within another six months. 25. It will be pertinent to mention here that during the process of hearing of this writ petition in the presence of the parties I had inspected the garden twice and the surrounding circumstances also. On doing so I felt that the approaches and the surroundings of the garden are nauseatic. It have seen that the Footpath dwellers and hawkers use the garden behind the front relling as urinals and lavatories which should immediately be stopped any keeping sufficient watch and ward staff in the garden. The P.W.D. Authorities by itself or in consultation with SULABH INTERNATIONAL should construct urinals and lavatories at various points or renovate the existing one. 26. It was also noticed that lot of flesh and garbage was lying on the museum road and foul smell was coming up to the garden. There is a Bakra Mandi on museum road which also disturbs the environment of the Zoo area as its smell disturbs the wild life and besides this it also obstructs the vehicular traffic. Therefore, the J.D.A. in consultation with the Municipal Corporation endeavour to shift slaughter house outside thickly populated city and atleast the Bakra Mandi should be kept at a place which is not on the road side of any fast moving traffic. 27. Therefore, the J.D.A. in consultation with the Municipal Corporation endeavour to shift slaughter house outside thickly populated city and atleast the Bakra Mandi should be kept at a place which is not on the road side of any fast moving traffic. 27. Before parting with the case I will be failing in my duty in case I do not express my heartening appreciation/expression for the assistance lend in arriving at the aforesaid decisions in public interest by Serva Shri Ram Chandra Kasliwal, S.M. Mehta, B.P. Agrawal, J.M. Saxena, A.K. Sharma, R.S. Mehta, A.K. Bhandari, N.K. Maloo, J.K. Singhi, Rajendra Tewari, R.D. Rastogi, Advocates and A.K. Gupta, Senior town Planner, J.D.A., R.A. Patel, Horticulturist, Surendra Bhargava and S.S. Mehta, Garden Superintendents, Harvinder Singh, Chief Engineer, Karni Singh, Administrator, Municipal Corporation, Jaipur, Surendra Kumar Sharma, Addl. Superintendent of Police (Traffic) and all other officers who attended the court from time to time. But for the assistance of all the aforesaid it would have been difficult to sort-out innumerable controversies which initially took place in this case. 28. In the circumstances of the case the parties are left to bear their own WAS. 29. Copy of this order shall be made available to the Chief Secretary, Government of Rajasthan, Jaipur, Chairman, Raj. State Electricity Board, Jaipur, Chairman, Jaipur Development Authority, Jaipur, Chief Engineer, Public Works Department, Chief Engineer, Public Health Engineering Department, Jaipur, Senior Town Planner, J.D.A., Horticulturist, Administrator, Municipal Corporation, Jaipur. The order shall be accompanied by the letters of the Deputy Registrar (Judicial) of this Court bringing to the notice of the Authorities that the court has desired that the order should be complied with within the time schedule granted and for this reason only this copy of the order is directly sent by name marking 'Urgent and for Personal Attention'.Petition allowed. *******