Rajasthan High Court Bench comprising Justices Sangeeta Lodha and Vinit Kumar Mathur in the suo moto case relating to the cleaning of lakes in Udaipur gave a stay order directing the State Authorities to stay the construction of any road passing through lakes in Udaipur.

Background

This case was filed suo moto in 2014 wherein the Court took cognizance to protect the heritage structure at Udaipur and all the lakes in dismal condition. The order to clean lakes was passed, leading to the dismissal of the case. In this case, the Court constituted a committee to make sure that directions were given in the order as followed.

By this present petition, the Applicant wants to open the said case. The grievance of the applicant in the stay petition was that ignoring the directions of this Court issued for cleaning of the lakes in Udaipur, the Udaipur Smart City Limited has issued a notice inviting tender for construction of alternative road from Chandpole to Brahmpole passing through the perimeter of Pichola lake. 

Submission made by the Counsel

Learned counsel appearing for the respondent-UIT submitted that though the notice inviting tender was issued, no tender was received pursuant thereto and therefore, the contract has not been awarded till this date. ​​​​​​​Learned counsel submitted that there is no possibility of the construction work of the proposed road being commenced in the near future.​​​​​​​

Learned AAG and learned counsel appearing for the respondents UIT, Udaipur, and Udaipur Smart City Limited sought two weeks’ time to file a reply to the misc. application as also to the stay petition

Order of the Court

The bench granted the time to file a reply as prayed by the Learned AAG and Counsels appearing for Respondents.

Moreover, it was ordered that,

“In the meanwhile and until further orders, no road passing through any of the lakes in Udaipur shall be constructed by the respondents.”

Case Details

Case Title:  Suo Moto vs. State of Rajasthan & Ors.

Bench:  Justices Sangeeta Lodha and Vinit Kumar Mathur

Picture Source :

 
Shruti Singh