2001 Supreme(Raj) 1049

Rajasthan High Court, Jaipur Bench
Honble DR. AR. LAKSHMANAN, CJ. & P.P. NAOLEKAR, J.
Rajasthan Polo Club - Appellant
Versus
State of Rajasthan & Others - Respondents
D.B. Civil Special Appeal No. 847 of 1996 & 7 Ors. Appeals
Decided On : September 25, 2001

Headnote:Urban Improvement Trust Act, 1959, Sec. 43, 54, 90, 52, 2(17), 16(h) & 21(2)(ix) and Disposal of Urban Land Rules, 1974, Rule 3,4 & 5 – Public Interest litigation – Writ of prohibition – Restraining the State Government from altering the status of any open space in Jaipur City including Ram Bagh complex, Golf Club, Polo Ground etc. and from carrying out any construction work – Settlement arrived between the parties – Prayed to allow withdrawal of original writ petition – Withdrawal was resisted by other writ petitioners – Legality of utilizing acquired land for the purpose of Golf Course, Polo ground and City level park – Held – Settlement arrived at was valid – Public interest litigation can be withdrawn in the interest of the public with leave of the Court only – Petitioners, who were not parties to the earlier proceedings at any stage, have no locus standi to approach the court in appeal even in public interest litigations – The State Government may utilize the acquired land for the purpose of Golf Course, Polo Ground and City level park in public interest – Authority has power to dispose of land by way of allotment, regularisation or auction – Permitted to withdraw the original writ petitions. (Para 115)

       HELD : In our opinion, the decision, now taken by the Government, is just and fair, in the interest of both the clubs, which are in continuous possession and enjoyment of the lands in question, for the last so many decades.

       For the foregoing reasons, we hold:

       (a) The decision to enter into a settlement, in wednesbury reasonable.

       (b) No mala fide, in fact, is alleged or proved.

       (c) The arrangement does not create any title or proprietary rights in the clubs in question, which shall be under the close and pervasive control of the Authority.

       (d) The arrangement is consistent with and fulfils the Master Plan.

       (e) The scope of judicial review is limited. The decision is wednesbury reasonable and suffers from no procedural impropriety or illegality; this Court will not substitute its view for that of the Authority and play a secondary role; and there is no legal infirmity in the decision to settle and achieve the developmental purposes of recreation and sports, through golf and polo clubs.

       (f) The settlement, arrived at by the State Government Rambagh Golf Club and Rajasthan Polo Club, is valid.

       (g) The State is directed to implement and execute the settlement.

       (h) Both the Writ Petitions Nos. 4114/2000 and 4692/2000, filed by petitioners Jitendra Shrimali & another and Ved Prakash Bishnoi respectively, are dismissed. No costs. The writ petitions Nos. 6826/94; 6855/94 and 1162/95, filed by Shri K.K. Sharma, M/s. Rambagh Golf Club and Dr. S.C. Kabra and another, are permitted to be withdrawn as the agreement arrived at between the State Government, Ram Bagh Golf Club and Rajasthan Polo Club is in accordance with law. By virtue of our holding that the settlement is valid and our permitting the petitioners to withdraw the writ petitions, the judgment passed by the learned Single Judge dated, 24.5.96, shall not remain in force from today. (Para 115)