S.N. Jha, C.J.—A significant question of law-whether the dispute relating to any pre-election disqualification can be adjudicated only in an election petition before the District Judge under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 read with rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 or it can also be adjudicated by the authority under rule 23 of the Rajasthan Panchayati Raj Rules, 1996 read with Section 39(2) of the Rajasthan Panchayati Raj Act, 1994 is involved in these three special appeals. The point being common the appeals were heard together and are disposed of by this common judgment. 2. The representative facts may be noticed from D.B. Special Appeal (W) No. 236/2006 which was argued as the leading case. The appellant filed writ petition, S.B. Civil Writ Petition No. 9758/2005, for quashing the enquiry initiated by the Chief Executive Officer (CEO), Zila Parishad Jhunjhunu. She was informed that the preliminary enquiry held by the Additional Chief Executive Officer, Zila Parishad Jhunjhunu disclosed that third child was born to the appellant after 27.11.1995; if she so desired, she could appear for personal hearing on the date fixed viz 16.12.1995, and submit her show-cause and produce evidence failing which the enquiry would be concluded ex-parte. It is relevant to mention here that having more than two children-born after 27.11.1995-is a disqualification for election as panch or member of the Panchayati Raj Institution under Sec. 19(1) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as ‘the Act’). The election in question was held in the month of January 2005. The appellant contested the election and was elected as Sarpanch of Gram Panchayat Bheemsar within Panchayat Samiti Jhunjhunu. According to the respondents, by reason of the birth of the third child after 27.11.2005 she was disqualified from contesting the election and she was, therefore, not entitled to continue in office. Challenging the authority of the CEO to make any enquiry in respect of pre-election disqualification the appellant filed the writ petition. She also prayed for stay of enquiry proceedings. It was submitted before the learned Single Judge that there was conflict of opinion on the point and some petitions had been referred to larger Bench to resolve the dispute. The writ petition of the appellant was admitted to hearing on 27.02.2006.
She also prayed for stay of enquiry proceedings. It was submitted before the learned Single Judge that there was conflict of opinion on the point and some petitions had been referred to larger Bench to resolve the dispute. The writ petition of the appellant was admitted to hearing on 27.02.2006. By a separate order on the same day the learned Single Judge declined to stay the enquiry observing that the appellant can challenge the findings of the enquiry in revision under Sec. 97 of the Act. Challenging the said order dt. 27.02.2006 the appellant has come to Division Bench in this appeal contending inter alia that in similar cases enquiry has been stayed by this Court. On 18.05.2006 the Division Bench observed that the case involves questions of law which need to be decided and considering that office of Sarpanch has a fixed term, the appeal may be finally decided at the stage of admission itself lest the exercise may become infructuous. Later, by order dt. 25.07.2006 after a detailed hearing, the Division Bench referred the case to larger Bench so that conflict between different judgments, if any, may be resolved and an authoritative pronouncement is made on the point. That is how the case came before this Bench. D.B. Civil Special Appeal (W) Nos. 276/2006 and 289/2006 are converse cases at the instance of the complainant and the State, respectively, challenging the interim order of the learned Single Judge dt. 20.12.2005 in S.B. Civil Writ Petition No. 9558/2005 staying the order of the State Government dt. 02.11.2005 by which the writ petitioner/respondent, Dinesh Chand, was removed from the office of Pradhan, Panchayat Samiti Baseri on receipt of the enquiry report of CEO Zila Parishad, Dholpur holding that he was disqualified for election as he had more than two children after 27.11.2005. The aforesaid order was passed or notice issued in connection with enquiry under rule 23 of the Rajasthan Panchayati Raj Rules (in short, ‘the Rules’) read with sub-Sec. (2) of Section 39 of the Act. Before noticing these provisions, it would be appropriate to make some introductory remarks and refer to the relevant provisions of the Act. 3. The Panchayats and Municipalities as institutions of self-governance were conferred constitutional status by the 73rd and 74th Amendments in the Constitution of India incorporating parts IX and IX-A therein. Part IX comprising of Arts.
Before noticing these provisions, it would be appropriate to make some introductory remarks and refer to the relevant provisions of the Act. 3. The Panchayats and Municipalities as institutions of self-governance were conferred constitutional status by the 73rd and 74th Amendments in the Constitution of India incorporating parts IX and IX-A therein. Part IX comprising of Arts. 243 to 243-O deals with Panchayats while Part IX-A comprising of Arts. 243P to 243ZG deals with Municipalities. These cases relate Panchayats and, therefore, it is not necessary to notice the provisions relating to Municipalities in Part IX-A which are the same as in Part IX. Art. 243B lays down that there shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. There are provisions-which we need not separately notice-relating to composition of panchayats; duration of panchayats; disqualifications for membership; and elections to the Panchayats, among other matters. The State legislature however is required to make laws on different subjects “subject to the provisions of Part IX”. 4. It is relevant to point out here that the Rajasthan Panchayati Raj Act 1994 has been enacted and the rules viz Rajasthan Panchayati Raj Rules 1996 or the Rajasthan Panchayati Raj (Election) Rules 1994-with which we are concerned in these cases-have been framed in fulfilment of the above-mentioned mandate of the Constitution in Part IX. The provisions of Part IX are somewhat akin to the corresponding provisions relating to membership of Parliament and the State Legislature as we shall find soon hereinafter. 5. In these cases we are concerned with disqualification for membership the provisions in regard to which are contained in Art. 243F which may be quoted as under : “243F Disqualifications for membership: (1) A person shall be disqualified for being chosen as, and for being a member of a Panchayat- (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.” 6. In the light of the provisions of Art. 243F(1)(b) the State Legislature specified the disqualifications in Section 19 of the Act. Section 19 so far as relevant for these cases runs as under: “19. Qualifications for election as a Panch or a member:-Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person- ................. (1) has more than two children; ................. Provided that- ................. (iv) the birth during the period from the date of commencement of this Act, hereinafter in this proviso referred to as the date of such commencement, to 27.11.1995, of an additional child shall not be taken into consideration for the purpose of the disqualification mentioned in clause (1) and a person having more than two children (excluding the child, if any, born during the period from the date of such commencement to 27.11.1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase; ................. Explanation.-For the purpose of clause (1) of Sec. 19, where the couple has one child from the earlier delivery or deliveries on the date of commencement of this Act and thereafter, any number of children born out of a single subsequent delivery shall be deemed to be one entity.” 7. The case of the respondents is that a person having more than two children born after 27.11.1995-is disqualified for election as a panch/member of any Panchayati Raj Institution and in the event of his election despite such disqualification, he is liable to be ousted from the office in an enquiry under rule 23 of the Rules read with Section 39(2) of the Act. 8. As stated above, the impugned enquiry in these cases has been held or is sought to be held under the aforesaid provisions.
8. As stated above, the impugned enquiry in these cases has been held or is sought to be held under the aforesaid provisions. Section 39 which is somewhat similar to clause (2) of Art. 243F of the Constitution runs as under: “39. Cessation of membership.-(1) A member of a Panchayati Raj Institution shall not be eligible to continue to be such member if he- (a) is or becomes subject to any of the disqualifications specified in Sec. 19; or (b) has absented himself from three consecutive meetings of the Panchayati Raj Institution concerned without giving information in writing to such Panchayati Raj Institution; or (c) is removed from the membership; or (d) resigns from the membership; or (e) dies; or (f) fails to make the prescribed oath or affirmation of the office of membership within three months from the date of election or appointment. (2) Whenever it is made to appear to the Competent Authority that a member has become ineligible to continue to be a member for any of the reasons specified in sub-Sec. (1), the Competent Authority may, after giving him an opportunity of being heard, declare him to have become so ineligible and thereupon he shall vacate his office as such member: Provided that until a declaration under this sub-Section is made, he shall continue to hold his office.” 9. Rule 23 purportedly framed to give effect to the provisions of sub-Sec. (2) of Section 39 of the Act lays down the procedure for removal; it runs as under: “23.
Rule 23 purportedly framed to give effect to the provisions of sub-Sec. (2) of Section 39 of the Act lays down the procedure for removal; it runs as under: “23. Procedure for removal in case of disqualification.-(1) Whenever it is represented to, or otherwise brought to the notice of the Chief Executive Officer in case of Panch/Sarpanch and to the State Government in case of Pradhan/Up-Pradhan, Pramukh/Up-Pramukh or member of a Panchayati Raj Institution, who has been declared to be duly elected as such or who has been appointed as such under any provisions of the Act, was not qualified, or was disqualified, for such election or appointment at the time when he was so elected or appointed or has thereafter become disqualified for continuing as such member, the competent authority shall draw up clearly and precisely the alleged disqualification or disqualifications forming the subject of the representation made to it, or otherwise brought to its notice, and shall forthwith issue a notice to such member, which shall : (i) Set out the gist of the allegations against him, (ii) Fix a date, not less than fifteen days after the date of issue of the notice, on which the inquiry shall be made, (iii) Require him to show case, for personal appearance or in writing, why his seat should not be declared by the State Government to be or to have become vacant on the ground of his having been not qualified or disqualified, as alleged, (iv) Call upon him to produce, in denial of the allegation, such documentary or other evidence as may be in his possession, and (v) Invite him to appear personally, if he so desired, on the date fixed by the notice, and a copy of the notice shall be sent also to the informant, if any.
(2) On the date fixed by the notice, the Chief Executive Officer or the State Government as the case may be shall heard the informant, if any, as well as the member if he appears before him and requests for a personal hearing, shall consider the document and other evidence produced by them in proof or disproof of the allegation or allegations, shall make such further inquiry as he may think necessary, shall record a finding as to the alleged disqualification or disqualifications and shall either order the proceedings to be dropped or declare the seat of such member to have become vacant or make such other order as may be proper in the circumstances of the case under Sec. 39 of the Act.” 10. According to the appellants, the election of the panch/member of any Panchayati Raj Institution can be called in question only by way of election petition in terms of Section 43 read with Section 117 of the Act further read with rule 80 of the Panchayati Raj (Election) Rules. Sub-Sec. (2) of Section 39 of the Act is limited to post-election disqualifications as specified in sub-Sec. (1) of Section 39 of the Act and the enquiry under rule 23, therefore, would be limited to such post-election disqualification alone. 11. According to the appellants further, the rule cannot travel beyond the scope of corresponding provision of the Act i.e. Section 39, and, therefore, any enquiry in respect of pre-election disqualification would be illegal and the rule to the extent it permits such enquiry would be ultra vires the Act. 12. Sections 43 and 117 of the Act and rule 80 of the Panchayati Raj (Election) Rules (in short, the Election Rules) may be noticed as under: “43. Determination of disputes as to elections.-(1) An election under this Act or the rules made thereunder may be called in question by any candidate at such election by presenting in the prescribed manner to the District Judge having jurisdiction a petition in this behalf on the prescribed grounds and within the prescribed period : Provided that an election petition presented as aforesaid may, for the reasons to be recorded in writing, be transferred by the District Judge for hearing and disposal to a Civil Judge or Additional Civil Judge (Senior Division) subordinate to him.
(2) A petition presented under sub-Sec. (1) shall be heard and disposed of in the prescribed manner and the decision of the Judge thereon shall be final. 117. Bar to interference by Courts in certain matters.Notwithstanding anything contained in this Act, - (a) ................. (b) no election to any Panchayati Raj Institution shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under this Act. 80. Manner of challenging an election under the Act.-An election under the Act or under the Rules may be called in question by any candidate at such election by presenting a petition to the District Judge having jurisdiction within thirty days from the date on which the result of such election is declared, on any one or more of the following grounds: (a) that on the date of election, a returned candidate was not qualified or was disqualified, for such election, or ................. 13. It may not be out of place to mention that the provisions of Sections 43 and 117 of the Act are pari materia Art. 243-O (b) in respect of election to Panchayati Raj Institution and Art. 329(b) (in respect of election to Parliament and the State Legislature) and it may be apposite to notice them as under: “243.O. Bar to interference by Courts in electoral matters. Notwithstanding anything in this Constitution- (a) ................. (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the Legislature of a State. 329. Bar to interference by Courts in electoral matters.Notwithstanding anything in this Constitution. (a) ................. (b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. “ 14.
(a) ................. (b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. “ 14. Section 43, it would appear, in clear and unequivocal terms lay down that election of panch/member of any Panchayati Raj Institution held under the Act/Rules can be challenged by way of election petition before the concerned District Judge, having jurisdiction in the manner, on grounds set out in rule 80 of the Election Rules. If there was any scope for doubt in this regard, it is dispelled by Section 117 which declares in most unambiguous terms that no election to any Panchayati Raj Institution shall be called in question “except by an election petition presented to such authority and in such manner as provided for” in Section 43 and rule 80. 15. Section 117, if we may say so, provides answer to the contention of the respondents regarding maintainability of enquiry in respect of pre-election disqualification under rule 23 read with Section 39 of the Act. As seen above, one of the grounds on which the election can be challenged-as set out in clause (a) to rule 80-is that a returned candidate was not qualified or was disqualified for election on the date of election. Rule 80 thus includes within its ambit the disqualification of the successful candidate on the date of election i.e. a pre-election disqualification as a ground of challenge. Thus where the successful candidate had more than two children-born after 27.11.1995, and was, therefore, disqualified for election by reason of clause (1) of Section 19 of the Act, his election can be challenged by way of election petition before the District Judge under Sec. 43 of the Act read with rule 80 of the Election Rules. 16. The question for consideration is whether the election of the successful candidate can also be challenged before the authority under rule 23 of the Panchayati Raj Rules read with Section 39(2) of the Act? 17. Section 39-as its heading suggests, deals with ‘cessation’ of membership.
16. The question for consideration is whether the election of the successful candidate can also be challenged before the authority under rule 23 of the Panchayati Raj Rules read with Section 39(2) of the Act? 17. Section 39-as its heading suggests, deals with ‘cessation’ of membership. It lays down that a member of a Panchayati Raj Institution shall not be eligible “to continue” to be such member in the conditions specified in clauses (a) to (f). Clauses (b) to (f), it is clear on a plain reading, visualize post-election eventualities. They after respectively to absence of the member from three consecutive meetings; removal from membership, resignation; death or failure to subscribe the oath or affirmation of office. These are the grounds which will make the person ineligible to continue to be member of a Panchayati Raj Institution and result in cessation of his membership. 18. On behalf of the respondents reliance was placed on clause (a)-in particular, the words “is or becomes”-therein and it was submitted that clause “is or become subject to any of the disqualifications specified in Section 19” refers to pre-election disqualifications. According to the counsel for the respondents, where the member “is” subject to disqualifications specified in Section 19, he is not eligible to continue to be member and the membership can be terminated after enquiry in the manner provided in rule 23 of the Panchayati Raj Rules. 5. In cases where permission has been granted in violation of existing bye-laws and the construction so far is in violation of approved building plan, the owner/user will be required to apply for construction permission as per existing building bye-laws within a period of one month and construction permission shall be revised and further construction will be done as per revised approved building plan. The construction done in violation of bye-laws should be demolished. 7.3 For construction of high-rise (multi-storey) buildings in future : The future norms should adopt a holistic town planning approach which must be based on parameters like population density, building density, traffic density, availability of parking space, pollution levels, availability of basic civic infrastructure etc. The norms should be such that they promote vertical expansion of Jodhpur city but at the same time prevents overcrowding in the already congested areas. 7.3.1 Building regulations and norms : 1.
The norms should be such that they promote vertical expansion of Jodhpur city but at the same time prevents overcrowding in the already congested areas. 7.3.1 Building regulations and norms : 1. Specific provision of Urban Improvement Trust, Jodhpur (Urban Area, Building) Regulation 2001 are in force for Jodhpur urban area. The same are being followed by Nagar Nigam also as per their agreement dt. 17.07.2000 with U.I.T. The same should continue. However Nagar Nigam should take necessary action for approval of the above rules by State Govt. expeditiously. 2. For compounding, U.I.T. is following Building Construction Compounding Resolution dt. 15.07.1997. Nagar Nigam should follow the same guidelines. However, State Govt. may consider framing Model Compounding Rules for adoption by all U.I.T.’s and Municipal Bodies. 3. The following modifications in Urban Improvement Trust, Jodhpur (Urban Area, Building) Regulation 2001 are proposed :- zAll high rise (multi-storeyed) building may be permitted on roads having minimum width of 18 mtrs. At present the above buildings are permitted on roads 12 mtrs. wide. zAll high rise (multi-storeyed) buildings may be permitted on land of minimum 1000 sq. mtrs. area. At present the same are permitted on minimum 750 sq. mtrs. land area. zNo deviations from building plans approved as per building bye-laws may be permitted and no compounding should be done. zConcerned agencies may be permitted to provide permanent connections of water, electricity, sewerage, telephone etc. only after issue of completion certificate as per rules by concerned local body. 7.3.2. Identification of zones : It has been observed that permitting high rise (multi-storey) buildings throughout Jodhpur Urban area is not desirable. Permission for high rise building (multi-storeyed) should be granted after considering the carrying capacity of the existing infrastructural facilities viz; roads, sewerage, drainage, water, electricity, sanitation, etc. Other considerations should be parking space, fire safety, traffic density, green belts, heritage areas, proximity to aerodrome and defence establishments etc. For example, construction of high rise building in Parkota area of Jodhpur city will aggravate the traffic problem therein. Construction of high rise buildings in natural scenic areas, within heritage precincts and is surroundings of heritage areas the quality of such areas. Following zones have been tentatively identified where high rise (multi-storey) building shall not be permitted : zCity wall zone which includes area within city wall and near all city gates.
Construction of high rise buildings in natural scenic areas, within heritage precincts and is surroundings of heritage areas the quality of such areas. Following zones have been tentatively identified where high rise (multi-storey) building shall not be permitted : zCity wall zone which includes area within city wall and near all city gates. Keeping in view the rising ground water level in walled city area, construction of basements shall also not be allowed in this zone. zZone notified as no construction zone by Ministry of Defence near Airforce and Aerodrome area. zSardarpura zone comprising of ‘A’ & ‘B’ main roads and 1st to 12th ‘A’, ‘B’, ‘C’, & ‘D’ roads. Other zones may be identified as and when required. 7.3.3 Procedural changes : Procedure for grant of construction permission : It has been observed that the procedure for granting construction permission requires improvement. The committee recommends that building permission should be granted after technical clearance by a Technical Committee comprising of Secretary U.I.T./C.E.O. Nagar Nigam as Chairperson and Head of Town Planing Wing of U.I.T./Nagar Nigam as Member Secretary. Other members should include Head of Technical Wing of U.I.T./Nagar Nigam, Superintending Engineer, PHED and JDVVNL and Police Officer in charge of Traffic of Jodhpur City. The above Technical Committee will assist the Building plan Approval Committee of concerned local body and the case should be presented before the Building plan Approval Committee only after clearance by the above Technical Committee. Procedure for monitoring of ongoing construction : a. After approval of above Building Plan Approval Committee, construction permission for only upto ground floor level will be released to the applicant. Upon being informed by the applicant regarding construction upto ground floor level being ready by inspection, the same will be inspected by the concerned technical officer who will certify that the construction carried out so far is as per approved plans. Only thereafter, the remaining floor plans will be released to the applicant for further construction. b. Upon completion of the building, the owner will submit a declaration to the concerned local body informing regarding completion of the building and certifying its structural, earthquake, earthquake, fire electrical, etc. safety and sufficiency of vehicle parking areas. The above declaration will be the basis for issue of Occupancy Certificate.
b. Upon completion of the building, the owner will submit a declaration to the concerned local body informing regarding completion of the building and certifying its structural, earthquake, earthquake, fire electrical, etc. safety and sufficiency of vehicle parking areas. The above declaration will be the basis for issue of Occupancy Certificate. c. The owner shall be required to deposit a security amount varying from Rs.5.00 lacs to Rs.20.00 lacs depending upon the size of the plot, at the time of issuing of building permission for ensuring compliance of following :- i. Construction of Rain Water Harvesting Structure. ii.Provision for fire and earthquake safety as per National Building Code stipulations. iii. Availability of greenery and plantation as per rules. iv.Provision of parking as per Building bye-laws. 7.3.4 Identification of Parking Spaces : The committee also recommends that the city should have enough number of basement parking as well as multi-layered parking. CEO, Nagar Nigam and Secretary, U.I.T. will identify the sites fit for such parking locations. 7.3.5 Strengthening of Sewerage System of Jodhpur City : Nagar Nigam and UIT should prepare sewerage system project and submit to the concerned authority. The project should have provision for strengthening of existing sewerage system as well as inclusion of left out areas. 7.3.6 Responsibility of Nagar Nigam and Urban Improvement Trust, Jodhpur : Implementation of recommendations of this committee and directions of Hon’ble High Court thereupon for execution of the same would be the responsibility of Nagar Nigam & U.I.T. 8.0 Conclusion : Construction of high rise buildings which add to the urban quality of any city is related to several aspects which have been not available to Jodhpur city. Building bye-laws covering essential building parameters first came in force only on 15.07.1997. Even the existing building bye-laws now require improvements. Technical manpower for proper examination of building plans as well as for ensuring execution as per approved building plans at site has been highly insufficient in Nagar Nigam as well as U.I.T. Enforcement Wings of Nagar Nigam and U.I.T. Also need to be strengthened. There is a serious requirement for increase in public awareness on issues related to planned Urban growth Urban infrastructure requires major augmentation.” 29.
There is a serious requirement for increase in public awareness on issues related to planned Urban growth Urban infrastructure requires major augmentation.” 29. We are not proceeding further with the matter of high rise buildings, as the order of this Court with respect to multi storeyed building has been stayed by the Apex Court on a Special Leave to Appeal filed by the Vaibhav Enterprises. A copy of the order of the Apex Court dt. 13.10.2006 passed in D.B. Civil Misc. Application No. 1967/2006 has been placed on record. In view of the interim order of the Apex Court, nothing is further required to be done in the matter. TRAFFIC-OUTSIDE RAILWAY STATION : 30. Having noticed the traffic mismanagement outside the Railway Station, a notice was given to the Railway Administration as well. The Railway Administration was directed to depute some officer to attend the meeting of the Traffic Management Committee. It appears that the Committee headed by the Divisional Commissioner apprised the officer concerned of the Railway Administration about the traffic congestion outside the Railway Station. The Railway Administration filed an affidavit stating that the entire problem was examined by the Committee constituted by the appropriate authority. A second gate has been provided on the other side of the Railway Station to reduce the congestion. On making the second gate operational, the congestion had been reduced to a great extent on the main gate. As regards the chaos around the main entrance of the Railway Station caused by unruly parking of the auto rickshaws and other vehicles on the main road, a plan has been placed before us. It was also pointed out that the Railway Administration has provided separate and adequate parking lots for Army vehicles, Govt. vehicles, private cars, Auto richshaws and car taxis. It was pointed out that circulating area outside the Station can be further improved if the STD Booth known as “Hello Hut” is got vacated. It was pointed out that a dispute in that regard is pending in the Civil Court. An attempt was made to bring some sort of conciliation between the Railway Administration and the party but unfortunately, the same did not succeed. Suffice it to say that we are satisfied that the Railway Administration has taken effective steps for managing the traffic outside the Railway Station. The file concerning “Hello Hut” be returned to the concerned Court forthwith.
An attempt was made to bring some sort of conciliation between the Railway Administration and the party but unfortunately, the same did not succeed. Suffice it to say that we are satisfied that the Railway Administration has taken effective steps for managing the traffic outside the Railway Station. The file concerning “Hello Hut” be returned to the concerned Court forthwith. REMOVAL OF ENCROACHMENTS : 31. It was reported that one of the major reasons of congestion on the main road is encroachment by the shop keepers or by local vendors more particularly on Nai Sarak, Station Road, Sojati Gate, Jalori Gate, Sardarpura ‘B’ Road and Chopasni Road. Thus, the concerned authorities were directed to remove encroachments from the said area. This Court by order dt. 02.03.2001, re-emphasized for removing the encroachments on the main roads from Mahamandir to Akhaliya Choraya, Pratap Nagar to Chopasni Road upto first Puliya, Nai Sarak, Sardarpura ‘B’ Road and main markets inside the old walled City. It was explained that the removal of encroachments will include the verandahs as well. It was also reported that in Khanda Falsa and Kabootron ka Chowk towards Gandhi Chowk and punglpada, there is a big milk market. Large number of milkmen with drums and vehicles collect on the roads and cause lot of harassment and difficulty both for the pedestrians as well as vehicles passing through. It was also reported that inhabitants of the area have encroached the public land by construction of Chabutaries. The narrow space left out was largely covered by big milk drums on both the sides of the motor vehicles practically blocking the entire road. The concerned authorities were directed to remove the encroachments from the said area. During the encroachment proceedings, some difficulties of the shop keepers were pointed out. Thus, a clarification was given that the shop keepers may be permitted to construct the steps oustside the shops as per the specification provided by the Corporation/U.I.T. The specification was approved by this Court. It was further noticed that a major cause of mushroom growth was the inaction on the part of the Administration. To curb the evil, this Court directed to divide the City in four zones and put each zone under the vigil of a responsible officer with a duty to ensure that there is no re-growth of encroachment.
It was further noticed that a major cause of mushroom growth was the inaction on the part of the Administration. To curb the evil, this Court directed to divide the City in four zones and put each zone under the vigil of a responsible officer with a duty to ensure that there is no re-growth of encroachment. Certain officers were directed to file an affidavit quarterly before this Court certifying to the effect that in his area, there is no encroachment on footpath and pavements. It was further directed that re-encroachments in any area assigned to an officer shall be visited with a penalty after a departmental enquiry. The U.I.T. and the Municipal Corporation have filed the compliance reports as to the removal of encroachments as per the directions of this Court. The biggest achievement was the liberation of Akhaliya Choraya from the long time encroachments. The U.I.T. also submitted a design for developing a new market in Akhaliya Choraya. Another affidavit was filed stating that all the verandahs on the Nai Sarak have been cleared from encroachments and the same has been made available for the smooth movement of the pedestrians. We are satisfied with the exemplary work done on the Akhaliya Choraya and Verandahs on the Nai Sarak. SHIFTING OF ELECTRIC POLES, TRASFORMERS & HORDINGS : 32. It was noticed that at various places, the electricity poles and transformers were creating problem in the City. The directions were complied with. It was submitted that 471 poles have been shifted. At various places, the transformers and hoardings have been shifted. SHIFTING OF PUBLIC BUILDINGS IN ORDER TO REDUCE THE CONGESTION FROM THE HIGHT COURT ROAD : 33. This Court by order dt. 21.11.2000 also directed the State Government to explore the feasibility of shifting of main offices and Courts including the High Court to reduce the pressure on the existing main route. This part of the direction was not taken seriously by the State authorities, as such, a further direction was given by the order dt. 03.08.2001. The order runs in about 11 pages. We do not consider it necessary to refer the entire order. The operative part of the order reads as follows : “Consequently, we direct the State Government to take up the matter of construction of a new High Court Building at Jodhpur on top priority.
03.08.2001. The order runs in about 11 pages. We do not consider it necessary to refer the entire order. The operative part of the order reads as follows : “Consequently, we direct the State Government to take up the matter of construction of a new High Court Building at Jodhpur on top priority. A copy of this order shall be delivered to the Chief Secretary and Law Secretary to the Govt. of Rajasthan latest by 07.08.2001. The Chief Secretary to the Govt. of Rajasthan is directed to take up the matter at the appropriate higher level before the State Government as well as the Central Government. The Chief Secretary will submit a compliance report by filing an affidavit on or before 10.09.2001.” 34. In compliance of the order of this Court dt. 03.08.2001, Mr. Inderjeet Khanna, the then Chief Secretary, State of Rajasthan, filed an affidavit expressing willingness on the part of the State Government for construction of new building of the High Court. The order dt. 25.09.2001 which runs in about 12 pages, is not required to be referred in detail. Another order in this regard was passed on 14.02.2002. Another detailed order was passed on 15.04.2002. At this stage, a reporting appeared in one of the regional newspapers about the traffic management in the High Court building itself. Thus, certain directions were given to the District Administration in that regard. Suffice it to say that the directions and compliance reports have been noticed in the order dt. 15.04.2002, which are extracted as follows : DIRECTIONSCOMPLIANCE 35. The State Government took up the issue seriously and asked the High Court to select the site. We are happy to record that issue has been taken seriously by the State as well as by the High Court and the land has been allotted. The other necessary formalities are complete. We hope that shifting of the High Court Building would definitely reduce the traffic congestion on the High Court Road to a great extent. CITY ROADS: 36. It is informed that total length of roads of City of Jodhpur is 142.55 kms, out of which three National Highways i.e. NH-65 Nagaur-Jodhpur, NH-112 Barmer-Bilara-Jodhpur-Balotra-Barmer and NH 114 Jodhpur-Pokaran passes. Total length of the National Highways passing through the City of Jodhpur comes to around 54.00 kms. It is reported that almost on all the National Highways, the patch work has been done.
Total length of the National Highways passing through the City of Jodhpur comes to around 54.00 kms. It is reported that almost on all the National Highways, the patch work has been done. It is reported by the National Highway Authorities that some part of the roads of National Highways is damaged due to continuous overflow of sewerage lines and occasional leakage of water of supply lines, which are required to be repaired by the Public Works Department. The substantial part of the roads is maintained by the P.W.D. The Municipal Area has been divided in three parts viz; City Area, Sardarpura Area and Soorsagar Area, the substantial roads of the City are maintained by the Urban Improvement Trust. In the Chopasni Housing Board Area and Madhuban Colony, there are about 39 roads. So at one stage, it was reported that repairing of all the roads has been completed. It is reported that the repairing/patching work has not yielded the requisite relief. SOLID WASTE MANAGEMENT : 37. This Court by order dt. 02.03.2001 gave direction with respect to technology adopted for storage, collection, transportation and disposal of waste. Further directions were given for submitting a plan for conversion of organic waste/biodegradable waste into Bio Organic Fertilizer (Compost) etc. A compliance report in this regard has been submitted in this regard recently on 29.11.2006. The Municipal Corporation has taken effective steps and established a Solid Waste Treatment Plant at Keru. The plant is yet to start functioning. Details have been furnished to us as to the improvement made in the matter of lifting of waste, its route chart, time and date schedule etc. It is stated that big collection centres have been earmarked at different places. Green waste of hotels shall be directly taken to the Keru plant. It is stated that Nagar Nigam will make the Robot machine fully functional by the end of this month. It is also stated that awareness Camps regarding the garbage and their disposal will be organized from time to time. SEWERAGE : 38. A direction was given to prepare a Blue print for reviving and maintenance of drainage and sewerage system inside and outside the City wall of Jodhpur. It is reported that under the Sewerage Master plan, the City was divided into four master drainage zone i.e. Jhalamand, Pal, Punjla and Industrial area.
SEWERAGE : 38. A direction was given to prepare a Blue print for reviving and maintenance of drainage and sewerage system inside and outside the City wall of Jodhpur. It is reported that under the Sewerage Master plan, the City was divided into four master drainage zone i.e. Jhalamand, Pal, Punjla and Industrial area. It is reported that the entire Sewerage project has been completed. Recently, the traffic Management Committee visited the Nandri Kallan Sewerage Project, which is having a capacity of 20 MLD. It is stated that the project is found to be operational, which is enough for the requirement of next 34 years. The Camps are being organized to encourage people to take benefit of the sewerage lines. For the better use of treated water, the P.H.E.D. was required to transfer the substantial amount collected in the name of Sewerage to the Municipal Corporation. It is reported that the substantial amount has been paid to the Municipal Corporation and the remaining amount of 208.83 lacs shall be paid latest by 31.03.2007. It is also brought to our notice that the Nagar Nigam will identify worst sewerage points that need immediate attention through outsourcing by 31.03.2007. For public awareness, the projects details will be placed on their website. The steps are being taken for upgrading the present sewerage system. TRAFFIC MANAGEMENT COMMITTEE : 39. The meetings of the Traffic Management Committee under the chairmanship of the Divisional Commissioner are being regularly held. Before the matter is placed before the Court, the report is received by the Divisional Commissioner. It is found that the monitoring by the Divisional Commissioner has been proved to be very useful and effective. CORE COMMITTEE OF LAWYERS : 40. This Court by order dt. 12.04.2006 constituted a Core Committee of lawyers headed by Shri Marudhar Mridul, Senior Advocate, Mr. Ramrakh Vyas and Mr. B.L. Maheshwari to take stock of all the orders passed by this Court so far and to the extent, they have been complied with by the State and the local authorities. The brief summary of the report submitted, is given as follows: i The project report for the Outer Ring Road and Inner Ring Road be considered favourably ; ii. Looking to the vehicular pollution, presently prevailing in the City, appropriate direction be given for all the public vehicles to use CNG instead of petrol or diesel; iii.
The brief summary of the report submitted, is given as follows: i The project report for the Outer Ring Road and Inner Ring Road be considered favourably ; ii. Looking to the vehicular pollution, presently prevailing in the City, appropriate direction be given for all the public vehicles to use CNG instead of petrol or diesel; iii. With the expansion of Housing Board Schemes and other Schemes, the traffic has increased manifold, as such, appropriate direction be given for widening the road proceeding from Akhaliya Choraya towards Chopasni Road. Similarly, the road proceeding from Residency Road to Boranada is further required to be widened. The obstructions on the way in the form of trees, electric poles etc. be removed. While permitting removal of trees, appropriate directions be given to plant equal number of trees; iv. The plan submitted by Mr. Govind Singh, a senior citizen, with respect to widening of roads, particularly from Railway Station to Sojati Gate, Nai Sarak and Old Stadium be considered; v. The efforts made as to checking of pollution needs to be strengthened more seriously. Serious efforts are to be made to check the movement of unruly City Buses. The private buses are being parked in the busy area in haphazard manner. These buses are mega buses and even double deckers which occupy substantial area of land. Appropriate direction is required to be given to the authorities to earmark land where the Stands for private buses can be provided. They should be located at four corners on the outer periphery of the City; vi. The depot of the R.S.R.T.C., presently situated near the Railway Overbridge, adjacent to Vegetable and Fruit Market, be shifted, as this has become a hazard and accident prone. The land which becomes available on account of shifting of depot of RSRTC, may be made available to Vegetable and Fruit Mandi, which is already in shambles being at a very narrow space; vii. The dustbins provided by the Municipal Corporation are in bad shape. The waste from dustbins is not being disposed of regularly. It is suggested that putting in place a Collection System according to which a Cycle Rickshaw may go around the colonies, collect the waste and then dump the same at the fixed place.
The dustbins provided by the Municipal Corporation are in bad shape. The waste from dustbins is not being disposed of regularly. It is suggested that putting in place a Collection System according to which a Cycle Rickshaw may go around the colonies, collect the waste and then dump the same at the fixed place. It is also suggested that for this purpose, the residents of the area may be saddled with the liability of making payment to these persons through their Mohalla Samitis or by some other method; vii. There are large number of small scale industries emitting smoke and all sorts of pollutants inside the City of Jodhpur. They are in operation without any licence. Chabutaris have been constructed making the narrow roads narrow still. Appropriate direction is required to be given in that regard; ix. The parking area presently available outside the Railway Station for Cars and two wheelers is not sufficient. Appropriate direction is required to be given in that regard to the Railway Administration. It is also suggested that just adjacent to the parking place, there is an old Railway Colony which is extended upto M/s Sanghi Brothers. It is suggested that the Colony may be shifted somewhere else and this area may be utilized for the parking place. It is also suggested that looking to the future need of 50 years, the entire building of M/s Sanghi Brothers be acquired. A further direction is required to be given to the Railway Administration to provide necessary facilities which may make the other gate of the Railway Station sufficiently operative. x. Looking to the fact that the vehicular traffic has increased mainfold, appropriate direction may be given for multi storeyed parking near the Mohanpura overbridge and the land owned by Chandsa Takiya; xi. The roads which have been laid by P.W.D. and other departments are qualitatively extremely poor; xii. Appropriate direction be given to the Divisional Commissioner to invite and permit the participation of the citizens 41. As a result of the continuous monitoring, the situation has substantially improved. Still, the grievance has been voiced with respect to non-compliance of some of the orders passed by this Court. It is stated that irrespective of the fact that there is a total ban on entry of heavy vehicles in the City of Jodhpur, there are escape entries through streets and other unimportant highways.
Still, the grievance has been voiced with respect to non-compliance of some of the orders passed by this Court. It is stated that irrespective of the fact that there is a total ban on entry of heavy vehicles in the City of Jodhpur, there are escape entries through streets and other unimportant highways. Regarding plying of the City Buses, it is stated that some laxity is noticed in the matter of checking of vehicles, particularly the City Buses being driven rashly. The City Buses and tempos do not stop at the designated places. The order with respect to parking of heavy vehicles inside the City after loading and unloading work is complete, is not being followed seriously. By and large there is dis-satisfaction with the work done by the A.D.B. It is submitted that removal of encroachment should be taken as a regular process and not as a drive only. The re-encroachment cases should be viewed very seriously. The responsibility be fixed on staff and all the officers concerned. Simply providing parking or pay parking places, is not sufficient. Some more seriousness is required to be shown. With respect to the Solid Waste Management, the people are not being properly educated at the use of plastic buckets. The conditions of parking have not been improved. The constructions are being raised in the parks of the Colonies. 42. On overall consideration, we are satisfied that the administration of directions given by this Court from time to time since November, 2000, has eventually resulted in precipitating the whole situation. There comes to be noticed visible changes on many fronts, as indicated above. The Core Committee of lawyers has also recorded the satisfaction as follows: “Hon’ble Court has been king enough to reckon numerous problems facing the situation and indeed but for the intervention of the Court and but for the monitoring by a continuous mandamus, lot much has happened in the City to its good. The humble submission of the Committee is that this process should be kept as an on going process and the Hon’ble Court may continue to make directions from time to time.” 43. We have given our thoughtful consideration to the prayer to continue the process of continuous mandamus.
The humble submission of the Committee is that this process should be kept as an on going process and the Hon’ble Court may continue to make directions from time to time.” 43. We have given our thoughtful consideration to the prayer to continue the process of continuous mandamus. A writ of mandamus is an order in the form of a command directed to an administrative authority or other authority required to perform a specific duty fixed by law or associated with the public office. It is obvious that it is primarily for the Executive to advise suitable measures and to provide the machinery for rigid enforcement all those measures to deal with the problems as raised in the instant petition. However, a doubt has been expressed about the extent of powers of the concerned authorities to take adequate and suitable measures for the speedy enforcement of the existing provisions which if properly enforced, would take care of the problems raised. Thus, there is a need of judicial intervention. The Courts have been making judicial intervention concerning violation of human rights, environmental problems etc. as an on going judicial process. The initiative in the direction of the environmental problem was provided on a writ petition filed before the Supreme Court in public interest in the case of M.C. Mehta vs. Union of India (1985). Since then, its numerous and diverse orders activated the Central Government, the State Administrations and the Local bodies towards their Constitutional obligation under Article 21 of the Constitution of India. In M.C. Mehta’s case (supra), the Court innovated the principle of continuous mandamus. Since then, it has been resorted in large number of cases. Reference be made to Vineet Narain’s Case reported in 1998(1) SCC 226 . The writ procedure in the public interest litigation has to be speedy and to ensure that, directions given in the public interest, are faithfully and punctually complied with. The judicial innovation requires continuous supervision or monitoring the prospective judicial orders. In a public interest litigation, the role of the Court is that of a catalyst (a substance that increases the rate of chemical reaction). Justice A.S. Anand, former Chief Justice of India, dealing with the judicial activism, observed that judiciary can only act as alarm clock but not as a time keeper.
In a public interest litigation, the role of the Court is that of a catalyst (a substance that increases the rate of chemical reaction). Justice A.S. Anand, former Chief Justice of India, dealing with the judicial activism, observed that judiciary can only act as alarm clock but not as a time keeper. After giving the alarm call, it must ensure to see that the executive performs its duties in the manner envisaged by the Constitution. It must be remembered that the Courts cannot run the Government nor the administrative indulge in abuse or non use of power and get away with it. Judges are expected to be circumspect and self disciplined in the discharge of their judicial functions. The danger of judiciary creating a multiplicity of rights without possibility of adequate enforcement will in the ultimate analysis be counter productive and will undermine the creditability of the Institution. A care must be taken that inadvertently or overzealously, the instrumentality of the Courts is not exercised to be polluted thereby eroding public trust and confidence in the Institution. Judicial activism is delicate exercise involving creativity. Great skill is required for innovation. There is a danger of populism imperceptibility influencing the psyche. Public adulation must not sway the Judges and personal aggrandizement must be eschewed. It is imperative to preserve the sanctity and creditability of the judicial process. As already observed, in a public interest litigation, the role of the Court is that of a catalyst. Judicial whistle is blown. It is now for the executive and the people to take the things to the logical conclusion. We only say that we are satisfied that the ball has been set in motion and, as such, we do not consider it appropriate to continue with the matter as an on going process for an indefinite period. 44. Before we close the case and give final directions, we record our appreciation for the valuable assistance rendered by the learned advocates of the Core group of lawyers viz; Shri Marudhar Mridul, Senior Advocate, Shri B.L. Maheshwari and Shri Ram Rakh Vyas. We also record our appreciation for the valuable assistance rendered by Shri R.L. Jangid former Additional Advocate General and Shri N.M. Lodha, Additional Advocate General.
We also record our appreciation for the valuable assistance rendered by Shri R.L. Jangid former Additional Advocate General and Shri N.M. Lodha, Additional Advocate General. We also record our deep appreciation for all the officers of the State Government and the local authorities, who have done their best in complying with the directions of this Court to achieve the pious object of the instant public interest litigation. 45. Consequently, the writ petition is disposed of as follows: (i) The Jodhpur City and the areas contiguous have progressively developed and populated. In the orderly and rapid development of the area, several Government departments, local authorities and other Organizations are not only required to be engaged but there is a necessity to bring the coordination among them. Thus, it would be expedient to consider to set up an authority in the line of Jaipur Development Authority i.e. to say Jodhpur Development Authority; (ii) The State Government is directed to ensure the compliance of the order dt. 21.11.2000 passed by this Court within a time schedule as to shifting of public buildings including the High Court and other Courts/Tribunals in order to reduce the congestion from the High Court Road; (iii) The effective directions and compliance thereon, has substantially reduced the traffic congestion from the City but this should not be taken as the end of the matter, as the directions given by this Court from time to time and compliance thereon, are bound to have effect on the future development of the City changing its complexion. It is directed that the orders given by this Court from time to time be enforced effectively; (iv) The byepass which was promised to be made operational by the end of December, 2006, could not be completed for the reasons given. The time for the same is extended upto September, 2007. We hope and trust that the said job shall be completed during the stipulated period i.e. September, 2007; (v) In the matter of laying down the roads and maintenance inside the City by different agencies viz; National Highway Authorities, P.W.D., U.I.T. and the Municipal Corporation, substantial work has been done. However, the complaint is that the roads laid down by the P.W.D. and the U.I.T. are qualitatively poor. We feel that little more is required to be done to improve the roads of the City of Jodhpur.
However, the complaint is that the roads laid down by the P.W.D. and the U.I.T. are qualitatively poor. We feel that little more is required to be done to improve the roads of the City of Jodhpur. The National Highway Authorities are directed to improve the conditions of the roads passing through the City. They should also work in coordination with the U.I.T. and the Municipal Corporation. An officer of the National Highway Authorities will regularly participate in the Traffic Management Committee meetings. We disapprove the obstructions created by the National Highway Authorities in the matter of providing parking. They must clearly understand that the work has been undertaken under the orders of this Court. Similarly, the U.I.T., the Municipal Corporation and the P.W.D. should take more effective steps to improve the road conditions of the City of Jodhpur; (vi) All the authorities are directed to punctually and faithfully comply with the orders of this Court as to removing encroachments from the public places. The anti-encroachment and demolition programmes should be taken as a regular course and not as a drive only. Obstructions on roads in the form of poles, transformers, hoardings, cabins, installed some sort of structure to show place of worship of any religion, trees be shifted or removed. In case of removal of trees, same number of trees be planted at appropriate place. Encroachments on roads, particularly Pal Road, as indicated above, be removed. In case of re-encroachment, matters be reported to the Court by way of initiation of contempt proceedings; (vii) In the matter of traffic control, effective work has been done. The traffic police has succeeded in controlling the unruly traffic in the City of Jodhpur. However, something more seriously needs to be done to check the movement of unruly City Buses. Unfortunately, the rash driving of the drivers of the Luxury Cars has become hazard for the innocent people thereby increasing the number of accidents. The exemplary penalties be inflicted on drivers of the City Buses driving rashly and so as the cars and motorcycles. The careless driving using mobiles, should be checked and exemplary penalties be imposed; (viii) Inspite of repeated directions for proper parking, the private Buses are being seen parked in busy areas in the haphazard manner. These buses are mega buses and even double decker which occupy substantial area of the land.
The careless driving using mobiles, should be checked and exemplary penalties be imposed; (viii) Inspite of repeated directions for proper parking, the private Buses are being seen parked in busy areas in the haphazard manner. These buses are mega buses and even double decker which occupy substantial area of the land. Thus, we direct the concerned authorities to earmark the land within a period of six weeks, where the Stand for private buses can be provided. In this regard, the concerned authorities should take into account the report of the Lawyers Core Group; (ix) The authorities should take effective steps that within a period of one year, the public vehicles use C.N.G. instead of petrol and diesel; (x) It is reported that there are large number of small scale industries emitting smoke and all sorts of pollutants inside the City of Jodhpur. It is also reported that they are in operation without licence. Effective steps be taken to shift them outside the City within a period of six months; (xi) Considering the expansion of the Housing Board Scheme and other Schemes and the increase of traffic manifold, it is directed that effective steps be taken for widening the road proceeding from Akhaliya Choraya towards Chopasni Road. Similarly, the road proceeding from Residency Road to Boranada be further widened. The obstructions in the form of trees, electric poles etc. be removed. While removing the trees, equal number of trees be planted at appropriate places; (xii) A study be made and if possible, the depot of R.S.R.T.C. presently situated near the Railway Overbridge adjacent to the Vegetable and Fruit Market be shifted to elsewhere, as it has become a hazard and accident prone; (xiii) The State Government is directed to make the Solid Waste Management practice as effective for improving the quality of life in urban areas. The Municipal Corporation is directed to properly arrange and supervise the work of Street Sweepers and Labour force employed in collection, transportation, processing and disposal of waste effectively; (xiv) The Municipal Corporation, Jodhpur is directed to provide provision for collection, transportation and disposal of construction waste and debris without delay for which appropriate bye-laws be prepared to bound down the person likely to produce construction waste, to deposit with the Local Bodies an approximate amount in advance at the rates as may be prescribed for removal and disposal of construction waste from his premises.
Such amount may be deposited at the time when building permission is sought and in case, where such permission is not required, at any time before such waste is produced. Similarly, provision be made for collection of waste and prescribe the rates for collection of waste from Marriage Halls, Community Halls and other functions. This can be multiplied by prescribing the rates for collection of bio-medical waste, hotel and restaurant waste and vegetable, fruit, meat markets waste, garden waste etc; (xv) The direction given with respect to deputing the Mobile Magistrate and providing him a vehicle is extended upto 30.05.2007. The decision with respect to further continuance shall be taken by the High Court and the State Government at the administrative level; (xvi) The Railway Administration in compliance with the orders of this Court and otherwise as well, has taken effective steps in reducing the congestion outside the Railway Station and providing smooth traffic. However, much is still required to be done. The parking of the cars and two wheelers outside the Railway Station is still found to be unruly. The Railway Administration should take effective steps in that regard; and (xvii) There shall be complete ban on immersion of idols and other materials during festivals in any of the Water Reservoirs of the City, which results into contamination of water. The District Administration is directed to follow the directions given in this regard in a “Public Interest Litigation” being D.B. Civil Writ Petition No. 4938/2003 “Poonam Chand Solanki vs. State of Rajasthan; (xviii) Inadequate taxation and ineffective management, both, renders the municipal services far from being satisfactory. Thus, the State Government should seriously consider and improve the finance of the Urban Local Bodies, particularly the Municipal Corporation, Jodhpur. (xix) Last but not the least, we say that any direction or effort by this Court or any other authority, would be of no worth, if the citizens do not actively participate to make the traffic management or other management, effective. 46. We conclude with the hope and trust that all right thinking people interested in the development of the City, will cooperate with the State and Local Authorities for the betterment of the City of Jodhpur. * * * * *