IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
M.N. BHANDARI & J.K. RANKA, JJ.
Suo motu – Appellant
Vs.
State of Rajasthan & Ors. – Respondent
D.B. CIVIL WRIT PETITION NO.3480/2014
Decided On : 01-06-2016
Rajasthan Municipalities Act - Sections 45 and Clause (f) of Sub-section 1 - Arrested six persons - Cognizance - Affidavit - Planning of terrorist outfit - Terrorist outfit Indian for attack - Police had arrested six persons of the newly formed Rajasthan module of IM - Learned Judge found that other than one Constable, none was available he was not in the uniform and without arms - Constable was asked to inform the SHO, Police Station to visit the site immediately - Constable gave information to the SHO concerned but none visited the site other than a PCR van - Suo motu cognizance was taken as no safety measures were found in a congested area and despite density of visitors - It was found that several shops were existing on the road and pavement adding difficulty in making proper safety arrangements - Notices were given to various authorities which includes the Commissioner of Police Commissioner - Development Authority and other departments - A direction was also given to the SHO, Police Station and other officers to file an affidavit – Held, encroachment on the government land would be removed without discrimination - Any shop on the government land in the area concerned should not be allowed to continue and no discrimination should be made therein - Shops belonging to the trust or individual should be measured without discrimination and it should be by one and the same yardstick - Aforesaid would apply to existing shops also - Municipal Corporation, would be free to allocate a proper place to shopkeepers for sale on license after taking proper care of free flow of traffic and also security - Offer of shop would be made first to were existing for last several years - It is to rehabilitate shopkeepers without discrimination - Municipal Corporation would come out with rehabilitation plan and the placement of shops within a month on license so as to maintain area properly - Government land or encroachment exists and it has not yet been removed measures would be taken to first remove those shops as per the provisions of law and without discrimination with a report to this Court - Writ petition disposed of
A news was flashed by the media on 24th March, 2014 showing planning of terrorist outfit Indian Mujahideen (for short “IM”) for attack. The Police had arrested six persons of the newly formed Rajasthan module of IM. The news was with the heading “Temples in Jaipur, Mall on hit list”. The Court found Police to be in slumber as no steps were taken for safety and security of the temples, out of which, one temple was visited by Justice Raghuvendra S. Rathore on the day of taking suo motu cognizance in public interest.
No safety was existing at Lord Ganesh Temple, Moti Doongari, Jaipur (for short “Lord Ganesh Temple”). Learned Judge found that other than one Constable Ghanshyam, none was available, that too, he was not in the uniform and without arms. The Constable was asked to inform the SHO, Police Station Moti Doongari to visit the site immediately. The Constable gave information to the SHO concerned but none visited the site other than a PCR van. The suo motu cognizance was taken as no safety measures were found in a congested area and despite density of visitors. It was found that several shops were existing on the road and pavement adding difficulty in making proper safety arrangements.
Many other issues were taken into consideration which includes the issue of parking, etc. The notices were given to various authorities which includes the Commissioner of Police, Jaipur, Commissioner, Jaipur Development Authority (for short “the JDA”) and other departments. A direction was also given to the SHO, Police Station Moti Doongari, Jaipur and other officers to file an affidavit giving out details of arrangements in regard to safety and security at Lord Ganesh Temple and also of Laxminarayan Temple, Birla Mandir at Moti Doongari. The Commissioner, JDA was directed to remove encroachments made by the shopkeepers around the temple creating hurdle for traffic and endangering the security.
In pursuance of the direction of the Court, the DCP (East), Jaipur filed an affidavit giving proposal to control law and order situation and to take measures for safety of the temples, named above. Another affidavit was filed by the DCP (Traffic) regarding proposal to control and to regulate traffic in the area in question.
The Chief Executive Officer of Corporation was directed to remove encroachment as the area is falling under the jurisdiction of Municipal Corporation, Jaipur. The Court restrained the Court of Magistrate concerned, having jurisdiction over the area in question or any other court for that matter, to pass any interim order ex-parte or otherwise for any action taken for compliance of the order.
This Court, thereafter, issued various orders from time to time, which includes proposal to set up pavements on both sides of road and also to prepare a blue-print of the road starting from JLN Marg opposite Takhteshahi Road and going northern side, reaching upto Sant Dadu Circle.
On 20th May, 2014, the Municipal Corporation, Jaipur submitted a proposal for establishment of a proper route for Lord Ganesh Temple as well as Laxminarayan Temple (Birla Mandir). It was to make things easy for pilgrims and for safety of the area. A direction was also given to earmark the place for parking for both the temples.
This Court further issued an interim order on 02nd July, 2014 and directed the Municipal Corporation, Jaipur to prepare a drawing of the road leading to the temples from JLN Marg and ending at Sant Dadu Circle on Govind Marg for smooth traffic and visitors.
The directions issued by this Court from time to time were carried out, however, at some stage, dissatisfaction was shown by the Court and, finally directions of this Court were carried out. It is not only that certain safety measures were taken but flow of traffic on the road starting from JLN Marg passing through Lord Ganesh Temple and ending on the other side was stopped. The Municipal Corporation, Jaipur put sheds from Sant Dadu Circle to Lord Ganesh Temple. The sheds were erected
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