1. - On 11th December, 2001, a learned Single Judge of this Court (quorum Hon'ble S.K. Keshote, J.) initiated a suo- motu action on the basis of three different news items dated 8th December, 2001, 10th December, 2001 and 11th December, 2001 published in the daily issues of Rajasthan Patrika Jaipur addition. The news items are quoted to extenso in the order dated 11th December, 2001 and on that basis, a detailed order running into 8 pages was drawn and the Registry was directed to register this matter as a suo-motu miscellaneous writ petition, admitted the writ petition and directed that notice of the petition be issued to the State of Rajasthan through the Chief Secretary, Jaipur Development Authority through its Secretary and the Town Planning Department through its Secretary. Respondents No. 1 & 2 were also directed to be personally present with the record relating to Lal Kothi Yojna through an officer of the level of Deputy Secretary and the Commissioner of Jaipur Development Authority (in short J.D.A.) was directed to send an officer not below the rank of Deputy Commissioner alongwith the file relating to the road which is being constructed in village Herver of Tehsil Amer and that such officer should be personally present. The copies of the relevant news items were included in the file and the notices were made returnable on 7th January, 2002. On 7th January, 2002 when the matter came up before the regular Bench hearing miscellaneous matters (quorum Hon'ble Mr. Justice Shiv Kumar Sharma, J.), it was observed after hearing the parties which were present before him, that whether the appended news items involve pubic interest or not, this is question which can only be decided by the Division Bench and therefore, the matter was directed to be placed before the Division Bench and this is how this matter has come up before this court today as ordered on 7th January, 2002.

2. On behalf of the respondents i.e. State of Rajasthan, Jaipur Development Authority and Town Planning Department, a reply dated 7th January, 2002 supported by an affidavit of Shri H.S. Bhardwaj working as Deputy Secretary, Urban Development and Housing Department, Government Secretariat, Jaipur has been filed with certain documents. Before us, arguments have been made by Shri S.M. Mehta, learned Advocate General on behalf of the three respondents, by Mr. Ajeet Kumar Sharma, Advocate on behalf of the 15 villagers of Village Herver, Tehsil Amer including the Sarpanch, Upsarpanch, Ex-Upsarpanchas, Ex-ward Panchas and some other villagers, by Shri Narendra Jain, Advocate on behalf of the Everest Colony, Lal Kothi Samiti, Plot No. 40, Everest Colony, Lai Kothi, Tonk Road, Jaipur through its president Shri S.S. Singhvi as well as on behalf of Shri B.L. Gupta S/o Shri Kishan Sahai Choudhary resident of Everest Colony, Jaipur, by Shri Mohan Singh Raghav, Advocate on behalf of Pratap Singh Khachariyavas, Shri Vimal Choudhary, Advocate on behalf of Shri R.N. Singh, retired Accounts Officer of A.G. Office and Shri Lokesh Atray, Advocate on behalf of Lail Devi. All these parties other than the three respondents have been heard as interveners in this matter.1. The news item dated 8.12.2001

3. So far as the first news items dated 8th December, 2001 relating to the grievance of Lali Devi as was published in news item dated 8th December, 2001 is concerned, the grievance appears to be that the road was being taken through her field while leaving the encroachments made by others as such, she had been subjected to harassment. It has been pointed out in the reply filed by the State that initially Lail Devi widow of Rampal had submitted a complaint to the Commissioner of J.D.A., Jaipur on 28th November, 2001 and the Deputy Commissioner had directed on 3rd December, 2001 that the measurement of the land should be first taken and till this was done the construction should be stopped and therefore, on 8th December, 2001 Patwari J.D.A. was directed by Tehsildar to conduct th