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Rajasthan High Court · body

2005 DIGILAW 257 (RAJ)

Krishan Kumar Acharya v. Dev Dutt

2005-01-28

N.N.MATHUR

body2005
Judgment 1. The instant petition has been filed under the label of public interest litigation raising grievance with respect to the construction of underground `Nala’ and sever chambers in Loonkaransar Town. The petitioner seeks directions as follows:- “(a) the respondent Sarpanch Gram Panchayat, Loonkaransar be directed that they will not construct second open nala in village Loonkaransar. (b) Respondentsbe directed that they cover all the chambers of old under ground pipe lines and chambers covered by lids and cleaned from time to time properly regularly in the interest of public and health of villagers of Loonkaransar; (c) Respondents be directed not to waste public money by constructing second open nala which is not the need of the village just 3-4 ft. away from older under ground pipeline and chambers of under ground nala.” 2. In a counter supported by the affidavit of Shri M.M. Vikas Adhikari, it is averred that there was earlier an under ground closed Nala in Loonkaransar Town but it was covered by sand as such a decision was taken for construction of new Nala. It has also been pointed out that objection was raised by the petitioner for the construction of new Nala as it passes through in front of his house. The Nala has been constructed leaving aside 80-100 ft. land in front of his house. A site plan has also been placed on record. issue of3. Having heard learned C unsel for the parties and perused the pleadings, we are of the view tha no public int rest is inv lved in the instant petition. The Panchayat has adopted a resolution for construction f a n w Nala in the larger public interest. No interference is warranted by this Cour in exercise of p wers under Art. 226 of the Constitution of India more particularly under the label of public interest litigation. The petition stands dismissed.