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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SHREE CHANDRASHEKHAR
RAMESHWAR – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
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 passa
A Public Interest Litigation cannot be entertained when similar issues are pending in a civil suit, as it involves disputed questions of fact.
Courts cannot decide disputed questions of title in a PIL and may direct parties to seek remedy through civil court proceedings.
The importance of procedural laws in public interest litigation, the need for public spirited litigants to avail of other remedies, and the application of principles of natural justice in decision-ma....
The court reinforced the necessity of a designated mechanism for addressing public land encroachments, ensuring administrative action before judicial intervention.
The importance of filing a detailed representation and the obligation of the respondents to examine and address grievances within a specified period.
Public interest litigation is not applicable when targeting a specific property owned by an individual, and separate legal actions must be pursued for such disputes.
The judgment emphasizes the importance of procedural technicalities in public interest litigation, the availability of alternative remedies, and the principles of mandamus in issuing writs.
The need for a permanent mechanism to address encroachments on public land and the establishment of a Public Land Protection Cell in every district.
PIL closed as joint inspection found no public land encroachment, illegal constructions on private land addressed by authorities via sealing and notices, and intervener pursuing parallel civil suit f....
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