JUDGMENT 1. - The subject matter of both the writ petitions is the construction of a bi s stand for the public use named as Anand Nagar bus stand Sojat Road. A 'He the writ petition No. 4190/2002 Haji Shamsuddin & Ors. v. State of Rajasthan & Ors., has been filed under the lable of public interest litigation, the another writ petition has been filed by Shri Harshvardhan Mehta the son of Shri Abhinandan Mal Mehta who claims to have donated a plot measuring 4l .495 sq. feet for the construction of the said bus stand. Thus, both the writ petitions are being disposed of by this common order. 2. It is averred that in the year 1998 Abhinandan Mal Mehta donated a chunk of land for the purpose of construction of bus stand at Sojat Road. According to the petitioners, the District Traffic Advisory Committee and Regional Transport Officer, Pali passed a resolution that Anand Nagar bus stand will be established and notified under the Rajasthan Motor Vehicles Rules, 1990. It is claimed that Anand Nagar bus stand Sojat Road was constructed after spending substantial amount of money by Harshvardhan Mehta. However, the Additional Collector, Pali did not grant permission on the ground that Anand Nagar bus stand, Sojat Road was not suitable for more than one reasons. This Court by order dated 24.4.2003 directed the Divisional Commissioner, Jodhpur to inspect the site where the bus stand, Sojat Road has been constructed and submit a report as to whether or not the site is suitable. 3. The site was inspected by Shri Khem Raj Choudhary, Divisional to Commissioner, Jodhpur on 10.5.2003. The Divisional Commissioner inspected the site in presence of the R.T.O., D.T.O. Pali, He inspected the proposed Anand Nagar bus stand as well as the earlier bus stand on the Railway land. The Divisional Commissioner also gave hearing to the local people. The proposed bus stand is on a plot measuring 400 feet by 140 feet. There is a is construction of 26 x 30 feet providing a covered sitting place. The infrastructure required for the bus stand is not existing at the site. It is further reported that the place is away from the main township of the Gram Panchayat of Sojat. It is further reported that the people of Sojat in general are not in favour of the proposed bus stand. 4.
The infrastructure required for the bus stand is not existing at the site. It is further reported that the place is away from the main township of the Gram Panchayat of Sojat. It is further reported that the people of Sojat in general are not in favour of the proposed bus stand. 4. In the opinion of the Divisional Commissioner the proposed Anand Nagar bus stand is not convenient and proper for the public at large. It is now well settled that the Courts, in exercise of their jurisdiction will not transgress into the field of policy decision whether to have an infrastructural project or not and what is the type of project to be undertaken and how it is to be executed are part of the policy making process. This is not for this Court to pronounce if the proposed site is suitable for the bus stand for Sojat township. 5. As agreed by the learned counsel for the parties, we consider it appropriate to direct the Transport Commissioner to further look into the matter and take an appropriate decision. 6. Consequently, both the writ petitions stand disposed of with the direction to the Transport Commissioner, Rajasthan to examine the entire matter including the pleadings in both the petitions and if necessary to visit the site and take an appropriate decision. The decision taken by the Transport Commissioner shall be final. The Transport Commissioner will take a decision within a period of two months from the date of receipt of the writ. A copy of this order may be sent to the Transport Commissioner Rajasthan, Jaipur. *******