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AKIL KURESHI, SUDESH BANSAL
Villagers Of Village Sundo Ka Bas – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Matter has come up on an application under Article 226(3) of Constitution of India to vacate the stay order dated 10.02.2021 staying the construction of Panchayat Bhawan.
2. With the consent of counsel for both parties arguments on writ petition itself have been heard finally on merits.
3. By way of filing the present public interest litigation, petitioners on behalf of villagers of village Sundo ka Bas, Tehsil Renwal, District Jaipur have opposed the construction of Panchayat Bhawan in private land of Khasra No.786/1 donated by respondent No. 10 and have sought direction for construction of Panchayat Bhawan on land of Khasra No.765/2 allotted to Panchayat vide patta No.11 dated 02.09.2020.
4. It appears that Gram Panchayat, Sundo Ka Bas, Tehsil Renwal, District Jaipur rural is newly created Panchayat and there is some inter se dispute among villagers with regard to the place for construction of Panchayat Bhawan and Mini Secretariat for Gram Panchayat. The case of petitioners is that a land measuring 4200 square yards in Khasra No.765/2 has been allotted to Gram Panchayat on 02.09.2020 and same is more appropriate and suitable for construction of Gram Panchayat. But private
The court will not interfere with the decision of the State authorities regarding the construction of public buildings unless there is evidence of malafides or violation of statutory rules.
The administration has the discretion to decide the location of government/public buildings, and the court will not interfere unless the decision is irrational, arbitrary, or mala fide.
The selection of the site for the construction of a Panchayat Sarkar Bhavan is under the exclusive jurisdiction of the Gram Panchayat and the State Government, and the court will not intervene in suc....
Policy decisions regarding government building construction are not subject to scrutiny under Public Interest Litigation.
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
Judicial review of administrative decisions related to the construction of public utility buildings is limited to cases of flagrant violation of law/rules or malafides.
The court emphasized that new issues cannot be raised in a writ petition that were not raised before the lower courts, and the court cannot adjudicate the appropriate location for the construction of....
The main legal point established in the judgment is that the State Government's decision for construction of public utility buildings is not mandatorily bound by the proposals and recommendations of ....
The court affirmed that matters regarding the construction of government buildings are policy decisions and not suitable for public interest litigation.
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