Disposed

Babulal Sharma v. State of Rajasthan

Rajasthan HC22 Oct 2021CW/2680/2020

Case brief

AI extract

What is this about?

Public interest litigation wherein petitioners challenged auction of kiosks near Sangram Sagar lake alleging blockage of natural water flow. Court directed continuation of auction but final shop allocation conditional on technical examination of water flow obstruction.

What did the court decide?

Auction proceedings to continue; final allocation of shops contingent on technical examination of water flow blockage; pending interim relief vacated.

Babulal Sharma Vs State of Rajasthan — Environment and Pollution | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 2680/2020

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Babulal Sharma S/o Dhulchand Sharma, Aged About 66 Years, R/o Badiholikasthan, Devgarh, Rajsamand (Raj.)

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Amar Singh Chouhan S/o Girwar Singh Chouhan, Aged About 48 Years, Abhinandan Bhawan, Near Shakti Bhawan, Rajmahal Road, Rajsamand (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur

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The Director, Local Self Department, Government Of Rajasthan, Jaipur

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The District Collector, Rajsamand.

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The Municipal Board, Through Devgarh, District Rajsamand, Through Its Executive Officers.

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Fthe Tehsildar, Devgarh, District Rajsamand (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Vikram Sharma for Mr. Sajjan Singh. For Respondent(s) : Mr. Rajesh Parihar. Mr. Sunil Beniwal, AAG.

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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22/10/2021

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In this petition, styled as public interest litigation, the petitioners alleged that the Municipal Board, Devgarh has constructed certain ‘ kiosks ’ in the periphery of Lake called ‘Sangram Sagar’, which blocks the natural flow of water draining into the lake. The petitioners have therefore prayed for staying the auction proceedings which the Municipal Board has initiated.

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(2 of 2)

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[CW-2680/2020]

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The case of the Municipal Board is that the construction of the Kiosks is not recent one. The construction was completed way back in the year 2003 and periodically the kiosks were put to auction.

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We appreciate the anxiety of the petitioners that the natural flow of the water draining into the lake should not be blocked. Even though the land may belong to the Municipal Board, on which the construction for commercial purpose may be permissible, however, from the record or the photographs produced before us, it is not possible for us to ascertain whether the allegation of the petitioners regarding blocking of the natural flow of water, is correct or not.

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The Municipal Board may go on with the auction proceedings as proposed or as per the revised plan, if need be. However, final allocation of the shops shall not be made until and unless a technically qualified person is deputed by the Municipal Board, who shall examine the question of any portion of the construction blocking the natural flow of the water draining into the lake. To the extent such flow of water is blocked, amendment may be made by the Municipal Board by removing the construction to the extent necessary.

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With these directions, the petition is disposed of.

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The interim relief, granted earlier, stands vacated.

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(SANDEEP MEHTA),J

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(AKIL KURESHI),CJ

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17-jayesh/-

Babulal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babulal Sharma v. State of Rajasthan

Case brief

What is this about?

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What the court decided

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