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2015 Supreme(Raj) 23

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
SUNIL AMBWANI and PRAKASH GUPTA, JJ.
Sidhi Vinayak Sanstha – Appellant
vs.
State of Rajasthan & Ors. – Respondents
Public Interest Litigation Petition No.3047/2013
Decided On : 21.01.2015

Advocates:
Advocate Appeared:
Mr. Jai Raj Tantia, counsel for petitioner.

The official declaration or demarcation of land as a public park by the Municipal Authorities is necessary to maintain a writ petition seeking to prevent its conversion for any other use.

Headnote:

Public Park - Land Reservation - The court dismissed the writ petition seeking to prevent the use of land reserved for a park and road for any other purpose, as the petitioner failed to provide evidence that the land was officially declared or demarcated as a public park by the Municipal Authorities.

Fact of the Case:

The petitioner filed a writ petition seeking to prevent the use of land reserved for a park and road for any other purpose, alleging that construction on the land had left the area without lungs and survival impossible.

Finding of the Court:

The court dismissed the writ petition due to the lack of evidence demonstrating that the land in dispute was officially declared or demarcated as a public park by the Municipal Authorities.

Issues: The main issue was whether the land reserved for a park and road could be used for any other purpose.

Ratio Decidendi: The court emphasized that the delineation of land as a public park by private colonizers, without approval from the Municipal Authorities, was not sufficient grounds to maintain the writ petition.

Final Decision: The writ petition was dismissed by the court.

JUDGMENT:

1. This writ petition has been filed with the following prayers:

“(i) Issue a writ order or direction in the nature thereof thereby it be held that the land reserved for Park and Rasta in Maharaja Surajmal Avasiya Yojna, Nawalgarh Road, Sikar cannot be permitted to be used for any other purpose;

(ii) issue a writ order or direction in the nature thereof thereby it be held that by making construction of building by respondents No.4 & 5 on the land of Park and Rasta has left the inhabitants of the area without lungs and the very survival thereof has become impossible;

(iii) issue a writ order or direction in the nature thereof thereby direct the respondents No.1 to 3 to remove entire structure from the land of Park and Rasta and also direct to develop and maintain the park for public at large.”

2. We do not find that there is any averment or document filed with the writ petition, in which the Municipal Authorities have either declared or demarked the piece of land, which has been shown as a park in the site plan attached to the sale deeds of the various land holders, to whom the land was sold by the private colonizers.

3. The delineation of a particular piece of land as public park by private colonizers, unless the lay out plant is approved by the concerned Municipal Authorities, cannot be a ground to maintain the writ petition for issuance of order or direction to the effect that it should not be converted for any other use.

4. Learned counsel appearing for the petitioner prays for filing relevant documents to demonstrate that the land in dispute is public park.

5. We do not find any public interest involved in the writ petition without enclosing the relevant documents, which are the basis of filing of the writ petition. The practice to file writ petition and then seeking time to file relevant documents, should not be encouraged by this Court.

6. The writ petition is dismissed.


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