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2015 DIGILAW 927 (RAJ)

UDAI VEER SINGH v. JAIPUR MUNICIPAL CORPORATION

2015-04-24

SUNIL AMBWANI, VEERENDR SINGH SIRADHANA

body2015
Order : 1. We have heard learned counsel appearing for the parties. 2. The petitioners are the residents of Plot Nos.76, 86, SP-1 and 94, Luv-Kush Nagar-I, Tonk Phatak, Jaipur. This writ petition has been filed by them purportedly in public interest, for the reliefs as follows:- “a. Pleased to direct the respondents to develop the existing park shown by mark ABCD and in yellow colour in the enclosed map (annex-6) by constructing boundary wall, putting gate, installing a boring for water, growing trees, herbs, shrubs and also green-grass on the land of the park and do all the necessary things, which require for a developed park and as the respondents are already doing in other colonies while developing the public park. b. Pleased to direct the respondents not to allow any encroachment upon the park land (ABCD) as well as the reserve land for school shown by mark EFGH and in pink colour in the map annexure-6 and also not to allow dumping of the waste thereupon and further to keep the park as well as the vacant land reserve for school, neat and clearn. c. Any other order or direction which this Hon'ble Court deems fit may also be passed in the facts and circumstances of the case in favour of the public at large & in public interest.” 3. On 23.02.2015, we had passed the following order:- Issue notice to the respondents. Steps will be taken within a week. The notices for the Jaipur Municipal Corporation and the Jaipur Development Authority, will be served upon the Counsels appearing for the Jaipur Municipal Corporation and the Jaipur Development Authority in the High Court, and for the State of Rajasthan in the Office of the Advocate General at High Court, Bench Jaipur. They will file their reply within four weeks. It is stated that the land reserved for the park and the school in the layout plan of the Colony, sanctioned by the JDA, is being repeatedly encroached. The area was firstly used as dumping ground for waste material, and thereafter the persons, namely Smt. Chandra Goyal, Lalu Ram, Gajanand, Bhonri Lal, Jagdish, Vishram Meena and Shri K.P. Meena, have repeatedly tried to make constructions over it. The area was firstly used as dumping ground for waste material, and thereafter the persons, namely Smt. Chandra Goyal, Lalu Ram, Gajanand, Bhonri Lal, Jagdish, Vishram Meena and Shri K.P. Meena, have repeatedly tried to make constructions over it. Smt. Shanti Devi also attempted to encroach upon the land, meant for facility area in Lavkush Nagar-I. As an interim measure, we direct the respondents to protect the area reserved for the park and the school in the sanctioned plan. The respondents are restrained from allowing any constructions, or to dump in the facility area of the Colony. List on 07.04.2015.” 4. Appearances have been put in by learned counsel appearing for the Municipal Council, Jaipur and the Jaipur Development Authority (JDA). 5. An application for impleadment(I.A. No.20078/2015) has been filed by Shri Lallu Ram, Shri Gajanand Saini, Shri Bhori Lal and Shri Jagdish Saini, through Shri Sudesh Bansal, Advocate. Another application (I.A. No.19991/2015) for impleadment has been filed by applicant, Smt. Suadevi, through Shri Ashok Bansal, Advocate. 6. After hearing learned counsel appearing for the parties, we find that the Rajhans Cooperative Society had purchased two plots by separate sale deeds. On 31.12.1975, it purchased a plot measuring 17 Bighas, and on which it had proposed a housing colony, by the name of Luv-Kush Nagar, which was approved by the JDA. The Rajhans Cooperative Society purchased another 1.7 Bigha of land, adjacent to 17 Bigha land purchased by it on 02.05.1981, in which a housing scheme, by the name of Ganesh Nagar Scheme, was proposed and approved, and in which, 17 plots were allotted by the Society. Sometimes later, the Rajhans Cooperative Society submitted a proposal showing the area of 1.7 Bigha, earlier approved as Ganesh Nagar Scheme, as a facility area of Luv-Kush Nagar-I, on which a Committee of the JDA, vide Agenda No.23/2001-6, at Item No.1.6, dated 05.09.2001/22.09.2001, took a decision to remove the boundary wall and the constructions from the facility area, and to put a sign board showing it to be a JDA property. The JDA also decided to reconstruct the boundary wall. 7. A Civil Suit No.46/1999, was filed by one Smt. Suadevi against the Nagar Nigam, in which an interim order was passed on 25.04.2003, staying the demolition of the boundary wall, by the Additional Civil Judge (Jr. Division) No.5, Jaipur City, Jaipur. 8. The JDA also decided to reconstruct the boundary wall. 7. A Civil Suit No.46/1999, was filed by one Smt. Suadevi against the Nagar Nigam, in which an interim order was passed on 25.04.2003, staying the demolition of the boundary wall, by the Additional Civil Judge (Jr. Division) No.5, Jaipur City, Jaipur. 8. The JDA Appellate Tribunal, Jaipur, in Appeal No.271/2007, discussed the facts of the entire case, and observed that 1.7 Bigha of land was purchased by the same Society, namely Rajhans Cooperative Society, in which a scheme, namely Ganesh Nagar Scheme, was recorded. Later on, by an error, the 1.7 Bigha of land purchased on 02.05.1981, was shown as facility area of Luv-Kush Nagar (area 17 Bigha), purchased by the same Society on 31.12.1975. There was absolutely no justification to include this 1.7 Bigha of land as facility area of Luv-Kush Nagar, inasmuch as the land developed as Luv-Kush Nagar , was purchased earlier separately, and that on the land purchased subsequently, the Ganesh Nagar Scheme was approved. The JDA Tribunal, after recording the findings on merits, dismissed the appeal on the ground of limitation, vide judgment dated 03.07.2009. 9. The Writ Petition Nos.8923/2009, 8924/2009, 8925/2009, 8926/2009, 8927/2009, 8928/2009, 9193/2009 and 9534/2009, arising out of the order of the JDA Appellate Tribunal, dated 03.07.2009, are still pending in the High Court, and in which, the petitioners in this Public Interest Litigation, have filed an impleadment application. 10. We find that there is a serious dispute between the parties with regard to 1.7 Bigha of land, purchased by the Rajhans Cooperative Society, after it had purchased 17 Bighas of land, and on which Ganesh Nagar Scheme was approved. The allottees of Ganesh Nagar including 6 shops and 11 residential plots, are claiming it to be a separate colony, which has nothing to do with Luv-Kush Nagar. They alleged that the area of Ganesh Nagar was mischievously shown as facility area of Luv-Kush Nagar. The JDA Tribunal had, after considering all the materials on record, prima-facie found that there was no justification for the JDA to include 1.7 Bigha of land, approved as Ganesh Nagar Scheme, to be shown as facility area of Luv-Kush Nagar-I. The mistake was also sought to be corrected by an order of the State Government, dated 28.09.1994, passed by the Deputy Secretary, Urban Development & Housing, Government of Rajasthan. 11. 11. This writ petition(Public Interest Litigation), was filed with the allegation that 1.7 Bigha area, is actually a facility area, which is being used as dumping land, and on which encroachments have been made by certain persons. The background of the contested litigation was not given, nor any indication whatsoever was given in the writ petition that the matter with regard to 1.7 Bigha area, to be a facility area of Luv-Kush Nagar, is under dispute. 12. It is difficult to believe the submission of learned counsel appearing for the petitioners, that the four petitioners were not aware of the dispute and that they had filed this writ petition bonafidely in the absence of knowledge about the dispute of the area, which is adjacent to their colony, in which they are residing. 13. The writ petition was ostensibly filed with an object for development of the park, for the inhabitants of the colony including the petitioners with the allegation that the park is being used as facility area for the residents and the children, whereas 6 shops were constructed long ago in the area, supposed to be called as facility area, which was approved in the name of Ganesh Nagar Scheme, and in which 17 persons have been allotted plots. The boundary wall of Ganesh Nagar was sought to be demolished, in respect of which injunction orders were passed by the Court. As many as 10 writ petitions including the writ petitions, numbered as above, are pending in the High Court, challenging the order of the JDA Appellate Tribunal. 14. We find that filing of this writ petition is a blatant misuse of the Public Interest Litigation. The petitioners are the senior retired officers, who have tried to mislead the Court by filing the writ petition in public interest, treating the entire area of 1.7 Bigha of Ganesh Nagar Scheme, as their facility area. They may have a claim over the area as facility area, but that so long there was a dispute and interest of 17 persons by allotment in Ganesh Nagar Scheme was created, and that they are in litigation with the JDA, Municipal Corporation, Jaipur, and the residents of the Luv-Kush Nagar, this writ petition could not be filed for an alleged innocuous relief of removing the encroachments, and not to use the area as dumping land. 15. 15. When the Counsel appearing for the petitioners was put to these facts and the background of litigation, he appears to be fairly well acquainted with the dispute, and which clearly demonstrates, without any doubt, that the petitioners sought an order claiming 1.7 Bigha of land, on which Ganesh Nagar Scheme was approved with 17 allotments, as their facility area. An attempt was not only made to conceal the facts for obtaining a relief on the sly, but also to play a fraud with the Court, in which they succeeded in obtaining an interim order on 23.02.2015, restraining the respondents from allowing any constructions, or to dump in the facility area of the Colony. The senior retired officers of the Government Corporations in the Government, have, in an effort to obtain an order against the residents of Ganesh Nagar Scheme, misused the powers of the Court. Their conduct is seriously deprecated. 16. This writ petition, filed in public interest, is accordingly dismissed, with cost quantified at Rs.50,000/-(Rs. Fifty thousand). The cost will be recovered by the Collector, Jaipur from the four petitioners, jointly and severally, and will be deposited in the account of High Court Legal Services Authority, at Jaipur Bench, Jaipur, within three months. 17. The Municipal Corporation, Jaipur, will file a copy of this order in the pending writ petitions before learned Single Judge, with a request to club all the writ petitions and to decide the same.