JUDGMENT 1. - By order dated 18.9.2007 this Court while directing the Municipal Corporation, Jodhpur to take necessary steps for removal/regulation/maintenance of the hoardings and boards, took cognizance of various other hazardous faced by natives of the city, accordingly, a direction was given to the Collector, Jodhpur and the Chief Executive Officer, Municipal Corporation, Jodhpur to submit necessary report relating to action taken or proposed to be taken to remove public nuisance caused because of damaged roads, uncontrolled traffic, filth and garbage lying on the roads, streets and on other open Government lands, movement of stray animals etc. In compliance of that the Collector, Jodhpur and the Chief Executive Officer, Municipal Corporation, Jodhpur are present before the Court and have presented a detailed report of the action taken and proposed to be taken for removal of public nuisance. 2. I have thoroughly examined the report and also considered the proposals given and projects accepted for promotion and development of civic amenities in Jodhpur city. 3. Shri Nareshpal Gangwar, the Collector, Jodhpur, while ensuring the Court to accelerate the programmes for removal of public nuisance and maintenance of adequate civic amenities, emphasised the problem of non-cooperation by people in the works relating to development and regulation of civic amenities. He has pointed out various instances where hindrances were said to be created by the residents of the area concerned on taking action for removing public nuisance specially relating to stray animals. 4. While appreciating frank statement of the Collector, it is to be noticed that while undertaking promotional/regulating works those are essential in favour of the public at large the administration should not be fearful in taking lawful action against the persons creating any trouble or nuisance. The administration must take every possible lawful action against such person without any fear and favour. 5. It is also stated that the administration is facing certain constraints in completing the drainage leading to Malviya Nagar that was closed by the Air Force on account of safety and national security. An alternative drain route was suggested by a high power committee constituted by this Court in DB Civil Writ Petition No.1894/2005 passing through Polytechnic College Premises, Jai Narain Vyas University, M.R.C., Arid Forest Research Institute and then ultimately conversing in Jojari river. An alternative drain route was suggested by a high power committee constituted by this Court in DB Civil Writ Petition No.1894/2005 passing through Polytechnic College Premises, Jai Narain Vyas University, M.R.C., Arid Forest Research Institute and then ultimately conversing in Jojari river. The Municipal Corporation has already taken up the project for construction of alternative drain route and a budget of Rs.4.7 crores has already been allocated, however, the Jai Narain Vyas University, Jodhpur is having certain objections for construction of the drain through its land. It is stated by the Chief Executive Officer of the Municipal Corporation, Jodhpur that the proposed drain will be covered and closed within the University premises running lengthwise on its eastern boundary, therefore, its construction by no way adversely effect the land in possession of University. 6. The Court is not aware of the reasons available for resistance to the University, however, in general, I feel that the University must cooperate the District Administration/Municipal Corporation, Jodhpur in maintaining natural flow of storm water drainage. The University itself acquired the land at a token price of rupee one per year by the Government of Rajasthan and, therefore, in normal course it should not insist for land acquisition by the Corporation while implementing a project that is essential to regulate drainage system in city, specially in the circumstance that the Municipal Corporation is ensuring that the proposed drain shall be covered and closed and that will run lengthwise with eastern boundary of the University. 7. The District Administration has also identified atleast 20 hoardings installed by the railways without seeking no objection certificate from urban local body concerned and those are creating public nuisance. 8. The railways may permit installation of hoardings on its property but that should be in accordance with law and in any manner should not be unsafe or a source of public nuisance. The railway authorities must ensure that the property owned by them should not be used in a manner that may cause irritation and nuisance to public at large. In Jodhpur city the railway track is running right from Basni Railway Station to Mandore Railway Station and in both the sides of railway track specially from Bhagat ki-Kothi to Raikabag railway stations a very unpleasant and unhygienic look is reflecting. In Jodhpur city the railway track is running right from Basni Railway Station to Mandore Railway Station and in both the sides of railway track specially from Bhagat ki-Kothi to Raikabag railway stations a very unpleasant and unhygienic look is reflecting. The District Administration in its report has pointed out that thorny bushes in both the sides of railway track is providing a safe haven for drug peddlers and unsocial elements. In view of this prevailing situation, it is desirable from the railway authorities to clear filthy hazard from both the sides of the railway track running from Bhagat-ki-Kothi to Raikabag railway stations. The railway authorities may utilise both the sides of tracks for ornamental plantation and for layers of flowering vegetation as that will enrich beauty and aesthetic for the city. 9. For the reasons discussed above, while fixing this petition for writ for further orders on 23.10.2007, the following directions are issued:- (1) The District Administration, Jodhpur/ Municipal Corporation, Jodhpur/ Urban Improvement Trust, Jodhpur shall expedite implementation of the projects referred in the report and take all necessary actions those are in interest of public at large. If any person/persons create any hindrance in legal actions of the competent authorities in implementation of the projects undertaken, they be booked under relevant laws for doing so; (2) The Chief Executive Officer, Municipal Corporation, Jodhpur shall forward to the Registrar, Jai Narain Vyas University, Jodhpur, a copy of the plan for utilisation of the land situated within premises of the Jai Narain Vyas University and that is required for construction of drain. The University in its turn shall consider the same objectively looking to the wider public interest. If the University is having any objection then it shall communicate those to the Chief Executive Officer, Municipal Corporation, Jodhpur as early as possible but not later to the period of 15 days from the date of receipt of the communication from the Chief Executive Officer by the Registrar; (3) The Additional Superintendent of Police (Traffic) Jodhpur shall communicate to the Divisional Rail Manager the details about the identified unsafe hordings standing on the railway property The Divisional Rail Manager, Jodhpur Division, Jodhpur is directed to ensure that no hoarding that is creating public nuisance or may cause danger to life and property be allowed to stand on railway property. (4) The Divisional Rail Manager, Jodhpur is further directed to remove all bushes/filth garbage from the land in both the sides of the railway track right from Bhagat-ki-Kothi to Raikabag railway stations on or before 21.10.2007. The Court also expect from the railway authorities to develop ornamental plantation and flowering on the land in both the sides of the railway track in between the stations referred above. 10. A copy of this order be immediately sent to the Registrar, Jai Narain Vyas University, Jodhpur; the Divisional Rail Manager, Jodhpur Division, Jodhpur; and the Additional Superintendent of Police (Traffic), Jodhpur.Direction Issued. *******