Dismissed

Rajendra Dukiya v. the State of Rajasthan

Rajasthan HC18 Jan 2021CW/968/2021

Case brief

AI extract

What is this about?

The petitioners filed a public interest litigation seeking directions for cleaning Kotlav Talab pond. The bench dismissed the plea, holding that such matters fall within the domain of the local authority or District Magistrate, not the High Court.

What did the court decide?

The writ petition is disposed of with observations recommending appropriate measures by municipal authorities and directing petitioners to avail remedies before the District Magistrate for health haza

Rajendra Dukiya Vs the State of Rajasthan — Environment and Pollution | Rajasthan HC (2021)

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(1 of 2)

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[CW-968/2021]

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HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 968/2021

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Rajendra Dukiya S/o Shri Ram Prakash, aged 28 Years, Resident of Lunsara Road, Kuchera, District Nagaur.

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Sukhram Puri S/o Shri Shiv Lal Puri, aged 30 Years, Resident of Kuchera, District Nagaur.

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Ram Chandra S/o Shri Mula Ram, aged 48 Years, Resident of Ward No. 16, Near Krishi Mandi, Kuchera, District Nagaur.

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----Petitioners

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Versus

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The State of Rajasthan through the Principal Secretary, Local Self Department, Government of Rajasthan, Jaipur.

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The Divisional Commissioner, Ajmer

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The District Collector, Nagaur.

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Municipal Board, Kuchera, through its Executive officer.

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----Respondents

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For Petitioner(s) : Mr. Surendra Singh Choudhary.

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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18/01/2021

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By way of this writ petition, the petitioners are seeking directions to the respondents to take sufficient measures to ensure cleanliness and beautification of ‘Kotlav Talab’ situated in town Kuchera.

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Learned counsel appearing for the petitioners contended that over the years the water of the pond has become filthy and tremendous garbage is being dumped around the pond. Even dead animals are being dropped there and as a matter of fact, the place near the pond has become dumping yard.

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(2 of 2)

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[CW-968/2021]

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The matter with regard to cleanliness in the town including the pond is required to be dealt with by the local authority concerned. This Court is not inclined to entertain PIL to deal with the matter with regard to cleanliness in the particular part of the municipal area of the town Kuchera. If the dumping of the garbage is creating health hazard and nuisance, it is always open for the petitioners to avail the remedy available before the District Magistrate or any other appropriate remedy available under the law.

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In any case, the Municipal Board, Kuchera is under statutory obligation to ensure that the cleanliness is maintained in the town and therefore, it is expected that the appropriate measures shall be taken by the municipal authorities in this regard.

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The writ petition is disposed of with observations as above.

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(RAMESHWAR VYAS),J (SANGEET LODHA),J

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5-DJ/-

Rajendra Dukiya v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendra Dukiya v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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