SUO MOTO Vs. DISTRICT EDUCATION OFFICER, JODHPUR

JUDGEMENT

(1.) THIS matter came to be registered as a Public Interest Litigation (PIL) after a learned Single Judge of this Court took cognizance of the distressful condition of Gaushala Maidan, a vast piece of land located in the heart of the city of Jodhpur, which was supposed to be used for development of sports activities.

(2.) THE learned Single Judge noticed from a newspaper report that the budding sportspersons were rather unable to use the playground because of the left-over of eatables after marriage functions in the ground littering all around; and the concerned persons having not bothered to ensure cleanliness of the ground. The learned Judge also noticed the fact that the wall between Gaushala Maidan and Old University campus was also damaged while using the ground for marriage purposes.

(3.) AS per the submissions made, this particular parcel of land admeasuring 35 bighas, out of the land comprised in khasra No. 369 of revenue village Jodhpur, was set apart for the purposes of the Education Department; and the entire set apart land was given in the charge of the District Education Officer (Secondary Education), Jodhpur by the order dated 23.10.2001. Then, a Society in the name of "Gaushala Maidan Krida Avam Vikas Samiti, Jodhpur" was registered on 19.02.2003. A meeting of the said Society was held on 04.07.2006 in the Chairmanship of the Collector, Jodhpur. In the said meeting, while taking various decisions as regards composition of the General Body of the Society and for charging of fees from the persons using the land for the purpose of sports or for the purposes of walking/jogging and also for charging of the fees from the schools organising sports activities, the decision was also taken that the vacant piece of land may be given for marriage and other ceremonial purposes until preparation of the ground for hockey and construction of an indoor stadium.