1. - The petitioner, Kamlakar Sharma, who is an advocate practising in the Rajasthan High Court at Jaipur and is a keen environmentalist, Golfer and active Sportman and is deeply interested in the preservation of environment and ecology of the State of Rajasthan in general and City of Jaipur in particular, has filed Writ Petition No. 6826/94 in this Court as petitioner in person. S.B. Civil Writ Petition No. 6855/94 has been filed by M/s. Rambagh Golf Club through it's Joint Secretary, Madhukar Chaturvedi and S.B. Civil Writ Petition No. 1162/95 has been filed by Doctors resident of Jaipur, Dr. S.C. Kabra and Dr. N.S. Rathore, in the form of letter petition. Since the questions raised by the petitioners in all the three above-mentioned writ petitions are identical for consideration of this Court, the relief sought for against the respondents is identical and the petitions have been filed in larger public interest for the protection of environment, ecology and green areas of the city of Jaipur, the writ petitions have been treated as Public Interest Litigations and are being disposed of by this common order.

2. In the aforesaid writ petitions the petitioners have sought directions from this Court for restraining the respondent-authorities i.e. the State of Rajasthan (respondent No. 1) and Jaipur Development Authority (for short 'JDA') (respondent No. 2) from converting the green areas of Ramnbagh Golf Club which contains Golf Course and the Polo Ground situated just opposite the Rajasthan High Court and the State Secretariat buildings at Jaipur into commercial, residential, administrative, cultural and other activities which are not only contrary to the Master Plan of the city of Jaipur which is still operative but also violative of the statutory provisions as envisaged under the Constitution of India, Urban Improvement Trust Act, 1959 (for short 'the Act of 1959) and the Jaipur Development Authority Act, 1982 (for short the Act of 1982').

3. As conscious spirited citizens and having the realisation of the proposed move of the respondents which is likely to have adverse effects and implications on the health of the citizens of the city of Jaipur, this Court has been requested to intervene in public interest in enforcing the fundamental rights of the petitioners guaranteed under Article 21 of the Constitution of India and the fundamental duties cast upon the respondents under Articles 48-A and 51-A of Constitution for the protection of environment and ecology of the city of Jaipur, all the green areas in Rambagh Complex which houses a Polo Ground and a Golf Course and which have been in consistent use of the residents of Jaipur since the times immemorial.

4. It has been contended by the learned counsel for the petitioners that the open areas facing High Court and the Secretariat buildings popularly known as Ram Bagh Complex with its vast number of trees and well maintained grassy lawns located in the heart of the city serve to the residents of Jaipur fresh oxygen, regeneration, scavenging and purifying functions as lungs of the city, just as a human body cannot function without the lungs and the heart which supply fresh blood and oxygen to the body likewise preservation, protection and development of the green areas is of paramount importance with a view to have check over the increasing pollution in the city as a result of discharging of the pollutants by :

A. 1. Increasing number of uncontrolled, unmonitored defective motorised vehicles such as Tempos, private mini-buses and State Roadways buses,

2. Coal and wood fuel used by a large segment of city population especially the slum dwellers etc.,

3. Gaseous discharge from the septic tanks, sewerage etc.

B. Particulate pollution from

1. Wind-borne fine dust from the unrestricted stone quarrying activities around the city of Jaipur,

2. Soot from the defective motorised vehicles.

C. Bacterial and viral pollution from :

1. Lack of proper sewerage system and open sewerage in the city,

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