AMBA LAL NAYAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, asserting himself to be interested in any activity affecting the tourism in particular and people of Udaipur in general, has filed the present writ petition styling the same as a Public Interest Litigation alleging that four parks viz. Sajjan Niwas Bagh (Gulab Bag), Nehru Garden in Fatehsagar Lake, Sukharia Memorial Park and Mohta Park situated at Udaipur are being transferred to the Municipal Council, Udaipur; then considering the other engagement of the said Municipal Council and the fact that they lack the essential and necessary expertise of gardening, the conditions of all the four parks will further deteriorate and has, therefore, sought the intervention of this Court against the decision dt. 26.02.2013 (Annexure -16) in this regard and has prayed that the said decision dt. 26.02.2013 be quashed and set aside and further directions be issued for the purpose of maintenance and protection of the parks in question. It has been alleged that one of the parks in question, which presently belong to the Public Works Department, Government of Rajasthan were handed over to the Municipal Council, Udaipur for maintenance by order dt. 22.01.2007 for a period of five years vide Annexure -6, which resulted in the alleged deteriorated condition of the park and is allegedly being misused against the provisions of the Public Parks Act, 1956 ('the Act').

(2.) THE petitioner has prayed in the petition that: - -

(3.) ANY other relief to which petition deserves may kindly also be passed in favour of the petitioner.