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2015 Supreme(Raj) 390
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUNIL AMBWANI & BANWARI LAL SHARMA, JJ.
BHAGWATI PRASAD DESHWAL & ANR. – Petitioner
Vs.
STATE OF RAJASTHAN & ORS. – Respondent
D.B. PIL PETITION NO.1091/2015
Decided on : 30.06.2015
Advocate Appeared:
Mr. Prateek Kasliwal and Mr. Vimal Choudhary, for the petitioners.
Mr. Vishal Sharma on behalf of Mr. N. M. Lodha (Advocate General), for the respondents.
Mr. Ashish Sharma, for the respondent-JDA.
Mr. Ravi Chirania, for the respondent No.5.
Headnote:
Jaipur Development Authority Act, 1982 - Section 6 , 72 - Construction of a temple - Illegally constructed - Direction to stay the construction operations - Rajasthan Religious Buildings and Places Act, 1954 - Sections 5 , 6 , 11 and 11A - Retired Professor - Writ petition has been filed by petitioner No.1, who is a retired Professor of Government Sanskrit College, and petitioner No.2, a Society committed towards welfare of students of Government Senior Secondary School, Panchawati Circle, to stop construction of a temple to be relocated inside school premises - It is stated that a temple by the name was illegally constructed on public land - On complaints made by local residents on construction of temple in residential colony disturbing piece of colony which included flocking of beggars State Government decided to relocate temple - Instead of relocating temple at site which may be appropriate for construction of a temple State Government decided to allot land of playground in school nearby temple for construction of a temple building - Land admeasuring 2850 square feet land in which is wholly illegal, arbitrary and amounts to taking away rights of children studying in school for relocating unauthorised constructions of temple which was allowed to be raised on a public land - State Government has acted wholly arbitrarily and unreasonably in allotting land of school for construction of temple - Playground for students of school has been compromised for relocating illegal constructions with no public purpose to be achieved – Held, Learned counsel appearing for respondent No.5, inasmuch as he has neither filed documents establishing that any society is in existence which is running the temple nor any documents have been annexed to show that permission was sought or has been obtained and that the land was allotted or permission thereafter was taken from Collector for construction of temple - It just and expedient, in larger public interest to allow this writ petition with direction to respondent No.5 to remove constructions of temples within a period of six weeks - If temples are not removed Collector will remove constructions of temples which are connected with each other from Panchwati Circlr Par within two weeks thereafter - Provide for offences and punishments in which an abetment for contravention of any of provisions of Act or Rules is punishable with imprisonment of either description for a term which may extend to three months or with fine which may extend to five hundred or with both - JDA Act, 1982 makes the offence of unauthorised construction non-bailable and non-compoundable - Collector is authorized to take steps under Section 11A of to remove unauthorized work and to initiate proceedings for offences and punishments - Writ petition is accordingly allowed.
1. This writ petition has been filed, in public interest, with the following prayers:-
“A. Issue an order or direction to stay the construction operations of the temple on the land reserved place for school premises.
B. Issue an order or direction to cancel the shifting of panchwati temple, Rajapark to a public school.
C. Issue an order for the cancellation of the allotment of land for the purpose of temple from the school premises.
D. Issue mandamus or any other appropriate writ order to stop operations or shifting of temple to an unauthosed place.”
2. The writ petition is filed with an urgent motion, to stop the construction of a temple in the playground of the school, purported for relocating the temple, which was allowed to be constructed on the busy intersection of the City. On 22.01.2015, we had passed the following
Order :-
“Heard learned counsel appearing for the petitioners. This writ petition has been filed by the petitioner No.1, who is a retired Professor of the Government Sanskrit College, and petitioner No.2, a Society committed towards welfare of the students of the Government Senior Secondary School, Panchawati Circle, to stop the construction of a temple to be relocated inside the school premises.
It is stated that a temple by the name of Mandir Mata Vaishno Devi was illegally constructed on public land. On the complaints made by the local residents on the construction of the temple in the residential colony disturbing the piece of the colony, which included flocking of beggars, the State Government decided to relocate the temple. Instead of relocating the temple at site, which may be appropriate for construction of a temple, the State Government decided to allot the land of the playground in the school nearby the temple, for construction of a temple building.
It is submitted that the decision of the State Government, to allot the land admeasuring 2850 square feet land, in which the Rajkiya Ucch Madhyamik Vidhyalaya, Adarsh Nagar, Panchwati Circle, Jaipur is wholly illegal, arbitrary and amounts to taking away the rights of the children studying in the school, for relocating the unauthorised constructions of the temple, which was allowed to be raised on a public land. The State Government has acted wholly arbitrarily and unreasonably in allotting the land of the school for construction of temple. The playground for the students of the school has been compromised, for relocating illegal constructions, with no public purpose to be achieved.
Let notices be issued to all the respondents. Since all the respondents are State-respondents, except respondent No.5, the notices will be served on them through the office of learned Advocate General, Rajasthan High Court, at Jaipur,which will be sufficient service on them. Notices will be sent to respondent No.5 by registered post. In addition, the notices will be served dasti summons on respondent No.5.
List again on 09.02.2015.
Until further orders, construction of the temple in the land allotted in the school by the Jaipur Development Authority on a No Objection Certificate issued by the State Government (annexed as Annexure Nos.2 & 3 to the writ petition), shall remain stayed.”
3. On 23.03.2015, the respondent No.5 was directed to restore the boundary wall of the school within a week, and if the boundary wall was not restored, the Court will proceed against the Society for action of contempt, and for imposing exemplary damages.
4. After exchanging the affidavits, an order was passed on 28.04.2015 as follows:-
“A reply has been filed by the Jaipur Development Authority. Learned Advocate General appearing for the State of Rajasthan prays for and is allowed two weeks' time to file reply. A reply has also been filed by respondent No.5.
List again on 18.05.2015.
In the meantime, the petitioners will also file rejoinder-reply to the replies filed by the Jaipur Development Authority and the respondent No.5.
An objection has been raised by learned counsel appearing
