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Rajasthan High Court · body

2005 DIGILAW 2031 (RAJ)

Madhu Sudan Purohit v. State of Rajasthan

2005-08-03

MANAK MOHTA

body2005
Judgment 1. By way of instant petition under the label of PIL the petitioner a practicing lawyer has raised grievance with respect to selling of public land as adjacent to the heritage wall of the Fort in the City of Bikaner, which will not only damage the heritage monument but will also create serious traffic problem. It is averred that on the Kot Gate Jail Road there is 150 years old city wall of 8 ft. width. The respondent UIT proposed to make allotment of the shops just adjacent to the City Wall, which will reduce the width of the road to 30 ft. resulting into traffic congestion. That the petitioner has given details of the proposed Rajiv Marg and a commercial complex. It is not necessary to notice all the details in this order. 2. In reply to the writ petition supported by the affidavit of Shri R.K. Jayasawal, Secretary, UIT, Bikaner the existence of the heritage wall is not disputed. However, it is stated that 95% of the wall has already been encroached upon by the citizens. It is further submitted that by allotment of shops the width of the road will not be reduced to 30 ft. It is further stated that as per scheme of the Town Planning the Trust has issued an advertisement for auction of the shops on the site of the Rajiv Marg. 3. Having heard learned Counsel for the parties and perused the different maps produced before us, we are satisfied that if the respondent is allowed to allot the subject land for construction of shops, it will create traffic problem. It is desirable that the subject area is left open. 4. Consequently, the petition is allowed. The order dated 27th May, 2003 is quashed and set aside. The respondent UIT is restrained from making any allotment of the shops near the City Wall in pursuance of the Notification Annexure-5 dated 17.01.2003.