Rajasthan High Court - Jodhpur

Bhagwan Puri And Ors vs State Pil And Ors on 3 August, 2021

Bench: Indrajit Mahanty, Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 1948/2012

1.Bhagwan Puri son of Shri Ratan Puri, by caste Goswami, aged about 52 years, resident of Babamagara Jaisamand, Tehsil- Sarada, District-Udaipur.

2.Ram Puri son of Shri Nand Puri, by caste Goswami, aged about 60 years, resident of Babamagara Jaisamand, Tehsil-Sarada, District-Udaipur.

3.Bhanvar Puri son of Shri Ratan Puri, by caste Goswami, aged about 52 years, resident of Babamagara Jaisamand, Tehsil- Sarada, District-Udaipur.

4.Sambhu Puri son of Shri Lal Puri, by caste Goswami, aged about 43 years, resident of Babamagara Jaisamand, Tehsil- Sarada, District-Udaipur.

5.Sumer Puri son of Shri Nand puri, by caste Goswami, aged about 51 years, resident of Babamagara Jaisamand, Tehsil- Sarada, District-Udaipur.

6.Naval Puri son of Shri Lal Puri by caste Goswami, aged about 60 years, resident of Babamagara Jaisamand, Tehsil-Sarada, District-Udaipur.

----Petitioners Versus 1 The State of Rajasthan, Through the Secretary, Revenue Department, Government of Rajasthan, Jaipur. 2 The Collector, Udaipur 3 The Sub-Divisional Officer, Sarada, Tehsil-Sarada, District- Udaipur.

4 Silver Shadow Export Pvt. Ltd. C/o Alka Hotel, Shastri Circle, Alka Hotel Road, Udaipur.

Through its Director.

----Respondents

For Petitioner(s) : Mr. Vikram Sharma.

For Respondent(s) : Mr. Vineet Dave.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

(2 of 5) [CW-1948/2012]

Order

03/08/2021

Heard learned counsel for the parties.

The present writ petition has been filed with the following

reliefs:-

"i) By an appropriate writ, order or direction, the respondent authorities may kindly be directed to take appropriate steps to remove the encroachment made over the historical Jaisamand Lake.

ii) By an appropriate writ, order or direction, the directions may kindly be issued for safe guard of the historical Jaisamand Lake and further to demolish the illegal construction raised over the catchment area including mobile tower, mountain, hills, construction raised in contravention of terms and conditions of patta and to restore the catchment area and further to restore the natural position of mountain and hills of periphery of Jaisamand Lake.

iii) By an appropriate writ, order or direction, the lease and patta issued in favour of the respondent private company may kindly be cancelled and further the respondent State authorities may kindly be restrained to further extend lease/patta in favour of the respondent private company and the respondent State authorities may kindly be restrained to transfer the area of aarazi No. 1 of Babamagara, Tehsil-Sarada, District-Udaipur by any mode to any other person.

iv) By an appropriate writ, order or direction, the respondent private company may kindly be restrained to raise construction over the government land and on the land of temple, tombs, and samadhies.

v) By an appropriate writ, order or direction, the directions may kindly be issued for safeguard of ancient monuments, temples, tombs and samadhies situated in periphery of Jaisamand Lake, Babamagara, Tehsil-Sarada, District-Udaipur.

vi) By an appropriate writ, order or direction, the position with regard to aarazi No. 1 of Babamagara, Tehsil-Sarada, District-Udaipur may kindly be restored as at the time of settlement.

vii) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioners.

viii) Writ Petition filed by the petitioners may kindly be allowed with costs."

(3 of 5) [CW-1948/2012]

The learned counsel for the petitioner submits that the

authorities have in gross violation granted the lease to the private

respondent no. 4 and they are misusing the leased property.

A reply has been filed by the respondents including the

private respondent. The learned counsel for the private

respondent submits that in the identical facts, one petition being

DBCWP no. 8142/2012 was filed by one Khyali Lal Suwalka and

this Court has disposed of the same vide its judgment dated

13.04.2018, which reads as follows:-

"The instant writ petition has been filed in public interest in which following prayers have been made:-

"It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed:-

i) By an appropriate writ, order or direction, the allotment of land in Baba Ka Magra to the private respondent may kindly be cancelled, quashed and set aside.

ii) By an appropriate writ, order or direction, the respondents may kindly be restrained from making any allotment in this eco sensitive zone of Baba Ka Magra and Jaisamand Lake.

iii) By an appropriate writ, order or direction, a detailed investigation may be held through CBI for identifying the officers responsible for such allotment being made and continued for 20 years and appropriate action may be initiated against the officers/authorities responsible. The authorities who failed to check the gross illegality may also be adequately penalized.

iv) by an appropriate writ, order or direction, a cost of Rs.100 crores may be imposed upon the private respondent to be utilized upon the development and restoration of the area.

v) By an appropriate writ, order or direction, the respondents may be restrained from making any commercial or any other hazardous activity in the region and further to take appropriate steps for restoration and conversation of the area.

vi) By an appropriate writ, order or direction, the directions may kindly be issued for safeguard of ancient monuments, temple, tombs and samdhies situated in periphery of Jaisamand Lake, Baba Ka Magra, Tehsil Sarada, District Udaipur.

vi) By an appropriate writ, order of direction, the position with regard to aarazi No.1 of Baba Ka Magra, Tehsil Sarada, District Udaipur may kindly be restored as at the time of settlement.

(4 of 5) [CW-1948/2012]

vii) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioners.

Viii) Writ Petition filed by the petitioner may kindly be allowed with costs."

After perusing the prayer, we are of the opinion that the matter is required to be considered by the competent authority which is Collector, Udaipur.

In view of above, the writ petition is disposed of with liberty to the petitioner to file a representation before the Collector, Udaipur within 15 days and submit all his grounds and grievances before him and in the event of filing such representation, the Collector, Udaipur is directed to consider and decide the same strictly in accordance with law after providing an opportunity of hearing to the petitioner as well as to the aggrieved parties and pass reasoned order within a period of two months.