NAWLA RAM Vs. GRAM PANCHAYAT, BALERA

JUDGEMENT

(1.) THIS petition has been filed by way of Public Interest Litigation by the petitioners. A prayer has been made in the petition that a direction be given to the respondents not to construct the I.T.Centre over the disputed land marked 'ABCDE' shown in the site plan. Prayer has also been made to remove the construction and restore the land in its original position by reconstructing the Reservoir and Water Troughs shown by mark 'Z' in site plan.

(2.) IN the writ petition, it is averred that petitioners are the residents of village Balera. The well is situated over the land of Khasra No.121 area 0.15 biswa as per Jama Bandi, Annex.16 to the petition. Over the disputed land, Reservoir with Water troughs shown by mark 'Z' in site plan have been dismantled without permission of the PHED. While illegally constructing the I.T.Centre, the respondents have encroached upon Gair Mumkin Rasta upto width of 4 feet marked 'ABC' in the site plan. As per the information supplied by the PHED, no permission was obtained for dismantling the Reservoir and Water Troughs marked 'Z' in the site plan. Hence, the petition has been preferred on the ground that there is other alternative land available to the respondents for construction of the I.T.Centre under the Rules of 1963, called Rajasthan Land Revenue (Allotment of unoccupied Govt. Agricultural Lands for the construction of Schools, Colleges, Dispensaries, Dharamshalas & other Buildings of Public Utility) 1963. Petitioners have also suggested suitable alternative place. Thus, prayer has been made to remove the construction and restore the land in its original position by reconstructing the Reservoir and Water Troughs shown by mark 'Z' in site plan.

(3.) AFTER hearing learned counsel for the parties, we are of the opinion that the Well has not been disturbed. The construction of the I.T.Centre has been raised 30ft. away from the Well. Only the Ground Level Reservoir, which was in dilapidated condition, was dismantled. Such a structure shall be constructed at an appropriate place, as assured by Mr.Anand Purohit, AAG. We find that the construction of the I.T.Centre is in the public interest for providing various facilities to the villagers. Substantial amount of public money has already been spent and construction has been completed more than 50%.