A Public Interest Litigation cannot be entertained when similar issues are pending in a civil suit, as it involves disputed questions of fact.

ORDER :

1. The present Public Interest Litigation (PIL) petition has been filed by Rameshwar, Sanwar Mal, Vijendra Lakhan and Prem Chand claiming that they are espousing the public cause, that is, to protect the lives and properties of the inhabitants and residents of civil area situated at downfall in foothills (rygVh) of Kuchaman Hill, which is a mountain of Kuchaman City of District Nagaur, on which the old fort named as ‘Kuchaman Fort’ is situated.

2. The petitioners have stated in the PIL petition that respondent No.8 - Shri Maa Anandmayi Kuchaman Kila Trust (hereinafter referred to as ‘the Trust’) obtained a permission from the respondent – Municipal Council, Kuchaman City to erect fencing with pillars around the bottom of the hill. But in garb of the said permission, respondent No.8 started raising boundary wall around the hill with a view to lock the entire Kuchaman Hill and has, even undertaken the process for construction of a water dam/embankment on one side of the hill. It is further pleaded that the said illegal construction of boundary wall and the water dam has resulted into encroachment over the public land and as a result thereof, there is complete restraint of passage of the local residents to Kuchaman Hill. Moreover, the construction of water dam would be a danger to lives and properties of the local residents.

3. With the above pleadings, the following reliefs have been prayed for :

“(A) By an appropriate writ, order or direction, the respondent Municipal Authorities, Kuchaman City (Nagaur) or other public authorities of the State, may kindly be directed (i) to protect the kuchaman hill, from being grabbed by respondent private trust “Shri Maa Anandmayi Kuchaman Trust, Kuchaman Killa” or any successors of former king of Kuchaman, (ii) to restrain respondent trust, from encroaching the public land of hills, for raising any kind of construction, (iii) to restrain respondent trust, from locking the entire hills by raising any kind of construction of boundary wall, around hills, (iv) not to disturb passage of public to kuchaman hills.

(B) By any appropriate writ, order or direction in the nature thereof, the respondent Municipal Authorities of Kuchaman City, may kindly be directed to take suitable action in the matter and not to permit anyone to raise any kind of construction or to raise any boundary wall, at the bottom on the downfall (talhati) of kuchaman hill and any construction raised by respondent trust, may kindly be ordered to be removed on the cost and expenditure of respondent trust, to restore original look of kuchaman hill.

(C) By an appropriate writ, order or direction, the residents of Mirdha Nagar Colony and other adjacent residential areas of kuchaman hill, may kindly be allowed to use public way, situated at bottom talhati of Kuchaman Hill, to reach their destinations and not to restrict anyone to visit top area of kuchaman hill.

(D) By an appropriate writ, order or direction, in the nature thereof, the respondents state public authorities, responsible for construction of public way, may kindly be directed; to construct pukka road (public way) on existing public way, for public at talhati of kuchaman hill and public rainy nala, blocked by respondent Trust, so as to serve public cause for public interest.

(E) By an appropriate writ, order or direction, respondents may kindly be directed; to restore heritage look of kuchaman fort and to preserve it, for public view, and to remove the boundary wall raised by respondent trust and, to demolish water-dam constructed on hill, pillars and fencing, erected by respondent trust, which may kindly be ordered to be removed at the cost to be born by respondent trust.

(F) By an appropriate writ, order or direction in the nature thereof, the local residents, residing in talhati of kuchaman hill, who have suffered losses in flow of water supply, due to breakage of water pipelines, and who have suffered damages to their house, due to damage to boundary wall being erected