VARDHA ENTERPRISES PVT. LTD. Vs. RAJENDRA KUMAR RAZDAN

JUDGEMENT

(1.) The application has been filed with the prayer as follows:-

(2.) A Public Interest Litigation was moved before the High Court of Rajasthan in Civil Writ Petition No. 4271 of 1999 praying that construction in and around the lakes specified in the notification by State of Rajasthan dated 17.1.1997 be stopped and necessary directions be given to the State Government agencies to stop the recurrence of such 'harmful and dangerous activities'. The said notification was issued under Section 171 of the Rajasthan Municipalities Act. It pertained to two lakes known as Fatehsagar and Pichola Lake in Udaipur. By the said notification, it was declared that certain specified areas around the above-mentioned two lakes as no construction zone. The said notification was subsequently amended, the details of which may not be necessary for our purpose.

(3.) The Writ Petition was allowed by an order dated 6.2.2007 substantially granting the prayers of the applicant. Subsequently, a contempt petition came to be filed complaining that the authorities who were respondents in the above-mentioned writ petition were not implementing the decision of the High Court dated 6.2.2007. In the said contempt petition, an application came to be filed by the writ petitioner/contempt petitioner. The substance of the said application is that the applicant herein is making certain commercial construction at Tila Kheda Village in District Udaipur contrary to the directions issued by the High Court by its order dated 6.2.2007. It appears from the record that the applicant herein has obtained various permissions(we are informed 13 in number) from various authorities for the construction of a five-star hotel in a piece of land purchased by them ad-measuring 8.2 hectares which is located at a distance of approximately some 20 kilometers from the two lakes i.e. Fatehsagar Lake and Pichola Lake.