Order

1. The present public interest litigation has been filed with the following prayers:-

“1. That NOC granted (Annex.4) by the respondent no.5 may kindly be quashed and set aside.

2. That the respondent authorities may kindly be directed to not act upon based on NOC granted by the respondent No.5 until proper survey is conducted.

3. That the respondent authorities be restrained from raising construction of water tank over the land in question.

4. That action of the respondent authorities changing location of the proposed / sanctioned water tank from khasra no.32 to land in question (Khasra no.63) without any justified reason may also be declared to be illegal and arbitrary.

5. Direct the respondents to consider construction of the water tank, if required, only at the originally sanctioned and feasible site at khasra No.32 after due technical evaluation.”

2. Learned counsel for the petitioners vehemently submitted before this Court that the land of the Adarsh Nagar Colony is being utilized for construction of the water tank for supplying water to the other areas, which are not in the near vicinity of Adarsh Nagar Colony. He further submits that though the land of the Adarsh Nagar Colony, which is earmarked for public purpose, is being used for construction of water tank, but the supply of water from the said water tank will not be provided to the residents of Adarsh Nagar Colony. He further submits that for supplying water to the villages nearby and the colonies other than Adarsh Nagar Colony, the water tank is being constructed in the colony of the petitioners and, therefore, by way of filing the public interest litigation, the petitioners have objected to the construction of water tank in the Adarsh Nagar Colony.

3. Per contra, learned Additional Advocate General has filed a detailed reply and has submitted before this Court that the above contention of the learned counsel for the petitioners is wrong and he submits that the water tank is being constructed in Adarsh Nagar Colony in the larger public interest to supply water in Adarsh Nagar Colony as well as other nearby areas. Learned Additional Advocate General has specifically submitted that in para Nos. A and B of their reply, he has specifically mentioned that the supply of water from the tank constructed in the Adarsh Nagar Colony will be provided to the residents of the Adarsh Nagar Colony as well as other surrounding areas, which are also falling in the municipal area of Gulabpura. He further submits that those areas of Adarsh Nagar Colony, which were not getting water supply will be provided water from the present water tank. He, therefore, submits that no useful purpose will be served, if the construction of tank in Adarsh Nagar Colony is objected by the residents of that area. He further submits that the construction of water tank is in larger public interest, therefore, the respondents may be allowed to complete construction of water tank in Adarsh Nagar Colony before the advent of summer season.

4. We have considered the submissions made before this Court.

5. We are of the view that the present public interest litigation has been filed objecting the construction of the water tank in Adarsh Nagar Colony only on the ground that the land of Adarsh Nagar Colony is being utilized for the construction of water tank. However, supply of water tank will be provided to the nearby areas. Since a specific statement has already been made by the learned Additional Advocate General that the supply of water from the present water tank will be provided to the residents of the Adarsh Nagar Colony and other areas, which are falling in the municipal area of Gulabpura, we are of the view that the construction of water tank is in the larger public interest and will also give benefit of water supply to the residents of Adarsh Nagar Colony, who are not presently getting water supply from other sources.

6. The present public interest litigation is, therefore, d