MANGI LAL SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition, styled as a Public Interest Litigation, has been filed by the petitioners seeking quashing of order dated 18.06.2012, whereby, the Municipal Council, Jaisalmer has granted permission to the District Collector, Jaisalmer for construction of various facilities on the vacant land ad measuring 50x70 square ft. situated on the North West side of the Poonam Stadium and has further sought a restraint against the respondents from raising construction in pursuance of the order dated 18.06.2012.

(2.) THE petition has been filed with the contentions that the petitioners are residents of Jaisalmer and petitioner No.1 is a Football Coach; Poonam Singh Stadium is the only Stadium in the Jaisalmer City, in which, playing activities are managed by the State Government and maintenance is being done by the Municipal Council, Jaisalmer; the Stadium is being used for morning and evening walk; reference has been made to the litigation instituted by the petitioner No.1 before the Permanent Lok Adalat and the order passed by the said Permanent Lok Adalat observing that the Stadium would not be misused, the State would make arrangements to see that anti social activities are not carried on in the Stadium. It is, thereafter, averred in the petition that on 11.06.2012, the State has issued letter regarding construction of certain facilities for public use in the premises of the Collectorate for the activities indicated therein. A letter dated 13.06.2012 was written by the Collector to the Municipal Council, Jaisalmer for giving consent for construction of the facilities indicated in the letter dated 11.06.2012 on a part of the vacant land comprised in the Stadium as there was lack of adequate space in the Collectorate. The consent was given by the Municipal Council on 18.06.2012, which is being questioned in the present writ petition as indicated hereinbefore. Several representations were made by the petitioners and other persons questioning the construction of the facilities at the site.

(3.) A reply by respondent No.3 Municipal Council, Jaisalmer has also been filed and it has been indicated that the public facility center is being constructed to facilitate the visitors not only to those who visit Collectorate and other offices and courts, but also to the visitors, who visit the Stadium and the petition is in fact obstructing the larger public interest in place of espousing public cause. Averments made by the petitioners in the writ petition were denied and most of the averments made by the other respondents have been reiterated in the reply.