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2015 Supreme(Raj) 23

SUNIL AMBWANI, PRAKASH GUPTA
Sidhi Vinayak Sanstha – Appellant
Versus
State of Rajasthan – Respondent


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

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 pub




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