Judgment

DALVEER BHANDARI, J.

1. Leave granted.

2. In a public interest litigation instituted under Article 226 of the Constitution, the High Court of Rajasthan at Jodhpur, by the impugned judgment, has directed that the milk dairies located in the city of Jodhpur be shifted from their present location to alternative sites. These appeals by grant of special leave are preferred against the said judgment and order dated 12th July, 2004 of the High Court passed in D.B. Civil Misc. Writ Petition No.4409 of 1994.

3. Both these appeals are inter-connected and are arising out of a common judgment, therefore, we would refer to the facts as mentioned in Civil Appeal No. 246 of 2007 arising out of SLP (C) NO.16751 of 2004.

4. The appellant-Milkmen Colony Vikas Samiti is an association of milkmen engaged in the business of selling milk and milk products in the city of Jodhpur (Rajasthan) for the last 44 years. The Government of Rajasthan vide Notification No. F.1 LSG/56 dated 5.11.1956 introduced a scheme, namely, Masuriya Colony Scheme, under which the members of the appellant Samiti and other milkmen, who were carrying on business of selling milk and milk products, were allotted plots of land in