Dismissed

Shyam Sunder v. the State of Rajasthan and Ors.

Rajasthan HC20 Feb 2015CW/4734/2014

Case brief

AI extract

What is this about?

The High Court dismissed a public interest litigatiton seeking a direction to maintain the status quo of a public park in Nathdwara. The court found no reason to interfere given the respondent's bona fide development work, naming, and the pendency of a related civil suit.

What did the court decide?

The writ petition seeking direction to maintain the status of the public park is dismissed.

Shyam Sunder Vs the State of Rajasthan and Ors. — Environment and Pollution | Rajasthan HC (2015)

¶1

¶2

D.B. CIVIL WRIT (PIL) PETITION NO.4734/2014

¶3

Shyam Sunder Purohit Vs.

¶4

State of Rajasthan & Ors.

¶5

DATE OF ORDER :: 20.2.2015

¶6

HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR

¶7

Mr. Chaitanya Gahlot, for the petitioner Mr. PR Singh, Addl. Advocate General assisted by Mr. Dinesh Ojha, for the respondents no.1 & 2 Mr. Vineet Sanadhya, for respondent no.3

¶8

This petition for writ is preferred to have the following relief :-

¶9

“(a) by an appropriate writ, order or direction the respondents no.1 to 4 may kindly be directed to maintain the status of public park/Gandhi park in Nathdwara town as it is, rather to maintain and beautify it in the form of garden itself, so also they may be restrained to demolish greenery on every inch in the existing public park/ Gandhi park of Nathdwara town and not to raise any such construction in the premises of the public park/ Gandhi Park of Nathdwara town, so that the lung of the town may not badly be affected and greenery is damaged and to maintain status quo on every inch of the premises of public park/ Gandhi Park of Nathdwara town.”

¶10

This Court by order dated 4.2.2015 issued notices to the respondent-State of Rajasthan; Collector, Rajsamand and the Municipal Board, Nathdwara.

¶11

¶12

A reply to the writ petition has been filed on behalf of the Municipal Board, Nathdwara stating therein that the Board has undertaken certain development work in the town of Nathdwara and is not at all intending to cause any harm to the public garden. The work undertaken relates to its beautification only and that too looking to the welfare of the public at large. It is also stated that a litigation is also pending consideration of similar nature before the court of learned Civil Judge (S.D.), Nathdwara (Civil Original Suit No.7/2012), a reference of that is given by the petitioner himself.

¶13

Looking to the factual position noticed above, we do not find any reason to interfere in the cause sought to be agitated through this petition for writ. Accordingly, the same is dismissed. The petitioner, however, is at liberty to take necessary steps to join the proceedings of Civil Original Suit No.7/2012 pending before the court of learned Civil Judge (S.D.), Nathdwara, District Rajsamand.

¶14

[JAISHREE THAKUR], J. [GOVIND MATHUR], J.

¶15

Sanjay

Shyam Sunder v. the State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Shyam Sunder v. the State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sampat Lal Vs State and Ors.

Jitendra Choudhary Vs Union of India and Ors.

Sangram Singh Vs Hindustan Zinc Limited and Ors.

State of Raj. and Ors. Vs Smt. Modan Devi

Mukesh Kumar Meena Vs Union of India and Ors.

Union of India and Ors. Vs Nena Ram