A public interest litigant sought directions to remove encroachments on a green zone. The Court dismissed the petition, refusing cognizance due to the failure of the petitioner to provide details or documents verifying the land's status as a government-declared green zone.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 14359/2021
Rahul Rewar S/o Bajrang Lal Rewar, Aged About 28 Years, Sangalpura,near Sagar Road Bus Stand, Bikaner. Permanent Account Number (Pan) Bnapr8726C. Mobile No. 9928404407
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Goverdhan Singh Parihar. Mr. Rajak Khan. For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
18/10/2021
The petition is filed in the nature of public interest litigation. The case of the petitioner is that some individuals (neither named by the petitioner nor joined as respondents) have caused encroachments on land reserved for green zone and made illegal construction contrary to the building regulation and bye laws. In this context, the principal prayer of the petitioner is for issuing directions to the respondent authorities to take steps to remove
(2 of 2)
[CW-14359/2021]
the so called encroachments and commercial activities operating in the green zone and restore the original character of the green zone.
In this petition, however, the petitioner has neither provided any details nor has produced any documents by virtue of which it could be ascertained that the land in question is forming a part of green zone declared by the Government.
In a public interest litigation, it is the duty of the petitioner to collect proper materials and produce them in the Court before the cognizance of genuineness of the grievances, which are in the nature of public interest, can be taken by the Court. Without any such details, we refuse cognizance of this petition.
The petition is dismissed accordingly.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
17-jayesh/-
1 issue framed by the court
Whether public interest litigation can be admitted without details verifying the land was reserved as a green zone.
Rahul Rewar
State Of Rajasthan
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
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