SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(Raj) 443

Rajasthan High Court, Jaipur Bench
Honble ARUN MADAN & SUNIL KUMAR GARG, JJ.
Pujya Sindhi Panchayat - Appellant
Versus
Prof. C.L. Mishra & Ors. - Respondents
D.B. Civil Review Petition No. 98 of 2001
Decided On : March 20, 2002

Advocates Appeared:
Bharat Vyas, for Petitioner G.G. Sharma, Sr. Advocate with V.K. Sharma, for Respondents Ashok Gaur, for Respondent S.M. Mehta Advocate General with Parinitu Jain, for State.

Headnote:C.P.C., Order 1, Rule 10 and Constitution of India, Art.226 – Review petition – Public Interest Litigation – Grab park land – Erected temple – Directed to remove encroachment after verification – Application for impleading as party – Not considered – Held – Application was filed after the judgment was reserved – Its pendency would have no effect – Rights of the petitioner society, which is stranger, are not affected adversely – Has no right to seek review of the judgment – At liberty to approach the appropriate forum, it still feels that its rights should be protected. (Paras 8 to 10)

       Pendency of the said application u/Art. 226 of the Constitution of India read with O.1 R.10 CPC, which was filed by the petitioner-Society in D.B.C.W.P.No.6051/97 for implea- ding as party to that writ petition, would have no effect would not give any benefit or cause of action or would not create any right in favour of the petitioner-Society in any manner to seek review of the Division Bench judgment of this Court. (Para 8)

Honble GARG, J.–This review petition has been filed by Pujya Sindhi Panchayat (hereinafter referred to as ``the petitioner- Society) with the prayer that the judgment dated 8.05.2000 passed by the Division Bench of this Court in D.B. Civil Writ Petition No. 6051/97 filed by Prof. C.L. Mishra (respondent No.1 in this review petition) be reviewed.

(2). It arises in the following circumstances :

Prof. C.L. Mishra (respondent No.1 in this review petition) addressed a letter to Honble Chief Justice M.G. Mukherjee (as he then was) on 4.11.97 stating inter-alia that in Malviya Nagar in Section No. 3, behind Sabzi Mandi adjacent to Bagla Mukhi Sadhna Kendra, two residents of Malviya Nagar, namely, Shyam Lal Gulani and Hargun Dass Motwani, who are respondents No.5 & 6 respectively in this review petition, were constructing building on 1000 sq. yards plot left for park without any site plan or allotment. It was further alleged in that letter that the respondents No.5 & 6 of this review petition had dug a foundation of 72 yards in length, to make further construction and they were trying to instal idols on 11th Nov., 1997 to cover up their illegal encroachment and construction and by going so, they wanted to grab the park land. It was further alleged in that letter that information about the illegal encroachment and construction about the illegal encroachment and construction made by the respondents No.5 and 6 of this review petition over the plot left for park was sent to the Rajasthan Housing Board (respondent No.3 in this review petition), Jaipur Development Authority and Municipal Corporation (respondent No.2 in this review petition). Thus, it was prayed in that letter that Rajasthan housing Board (respondent No.3 in this review petition) and Municipal Corporation (respondent No.2 in this review petition) be directed to remove all encroachments from the land adjoining the Bagla Mukhi Sadhana Kendra in Sector No.3, Malviya Nagar, Jaipur, which was earmarked for park and it was further prayed that Raj.Housing Board (respondent No.3 in this review petition) be directed to develop the park on the said land for public use.

The said letter of Prof. C.L. Mishra (respondent No.1 in this review petition) was treated as Public Interest Litigation by this Court and it was registered as D.B. Civil Writ Petition No. 6051/97.

On 17.11.1997, notices of that writ petition were issued to the Municipal Corporation, Jaipur (respondent No.2 in this review petition), Rajasthan Housing Board (respondent No.3 in this review petition), Collector, Jaipur (respondent No.4 in this review petition), Shyam Lal Golani (respondent No.5 in this review petition) and Hargun Das Motwani (respondent No.6 in this review petition).

A reply to that writ petition was filed by the respondents No.5 and 6 of the this review petition, namely, Shyam Lal Golani and Hargun Das Motwani respectively on 3.12.1997 stating inter-alia that Prof C.L. Mishra, respondent No.1 in this review petition, was himself unauthorised occupant on a piece of land which was otherwise earmarked and allotted for the purpose of temple. It was further averred in the reply that Prof. C.L. Mishra was using the land of the temple Bagla Mukhi Sadhna Kendra for his own residence illegally. It was further averred in the reply that the temple was in existence for a long time and it was not a new construction and the temple existed even prior to the development and occupation of plots by people in Malviya Nagar. It was further averred in the reply that the allegations of illegal encroachment and construction over the land earmarked for public park were absolutely incorrect and false one.

The Rajasthan Housing Board (respondent No.3 in this review petition) also filed a separate reply on 10.2.98 stating inter- alia that an enquiry was conducted on the basis of the letter written to the Housing Commissioner, Rajasthan Housing Board by Mahesh Rajawat and Dinesh Pooniya wherein it was submitted that in Sector-III of Mal






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top