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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Manindra Mohan Shrivastava, Sameer Jain, JJ.
Pradeep Kumar Sharma & Ors. – Appellants
Versus
Municipal Corporation & Ors. – Respondents
D. B. Civil Writ (Pil) Petition No. 9882 of 2020
Decided On : 24-05-2022
PIL - Removal of Statue Obstruction - The court found that the petitioners' claim was specific to a particular spot in the city, indicating a personal interest rather than a public interest. The court directed the Municipal Corporation to examine the matter afresh and make a decision in accordance with the law.
Fact of the Case:
The petitioners filed a PIL seeking the removal of an obstruction caused by the installation of a statue of Shri Babasaheb Bhimrao Ramji Ambedkar, claiming it hindered access to their colony.
Finding of the Court:
The court found that the petitioners' claim was specific to a particular spot in the city, indicating a personal interest rather than a public interest. The court directed the Municipal Corporation to examine the matter afresh and make a decision in accordance with the law.
Issues: The issues involved the obstruction caused by the installation of the statue and the failure of the Municipal Corporation to take concrete steps despite previous orders.
Ratio Decidendi: The court emphasized that the placement of the statue and the free flow of traffic were matters for the authorities to address, not the court.
Final Decision: The court directed the respondent-Municipal Corporation, Jaipur to examine the whole matter afresh after going through the material on record and take appropriate decision in accordance with law as early as possible.
ORDER
1. Petitioners, claiming to be pro bono publico, have filed this PIL petition for removal of obstruction on account of installation of statue of Shri Babasaheb Bhimrao Ramji Ambedkar.
2. Petitioners state that the statue has been installed by unknown persons and despite representations made, the same is not being removed, which is causing obstruction to access to the colony where the petitioners reside. It is further submitted that earlier petition was filed, which was disposed off with direction to consider the representation followed by contempt petition, but tilldate, no concrete steps have been taken by Municipal Corporation, Jaipur, though a meeting was convened on 14.10.2019, copy of which has been placed on record as Annexure-12.
3. At the outset, we find that the petitioners have chosen only a particular spot in the city rather than coming out with general prayer for removal of installation of unauthorised statues in the city. Petition, therefore, appears to be only for personal interest, not for public interest.
4. We further find that after the orders were passed earlier, a meeting was convened by Municipal Corporation, Jaipur on 14.10.2019, but the issue has still remained pending without any concrete decision in that regard.
5. The Local Body concerned should decide the issue as soon as possible. The placement of the statue and free flow of the traffic both are matters, which can be looked into by the authorities and not by the Court.
6. In view of above, we direct the respondent-Municipal Corporation, Jaipur to examine the whole matter afresh after going through the material on record and take appropriate decision in accordance with law as early as possible.
7. With the aforesaid direction, this PIL petition is disposed off.
AI
The court emphasized the distinction between personal and public interest in PIL petitions and highlighted the authority of local bodies to address issues such as the placement of statues and traffic....
The installation of statues by municipal authorities falls within their discretionary powers under the Maharashtra Municipal Corporation Act, and such actions are justified when they serve public saf....
The court cannot adjudicate ownership disputes under Article 226 and emphasizes the need for civil court remedies for such matters.
The court's decision was influenced by the removal of the statue and the demolition of the platform, as confirmed by the official's written instructions and the petitioners' counsel's admission.
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