LAWS(RAJ)-2013-3-56

NATHDWARA TEMPLE BOARD Vs. STATE OF RAJASTHAN

Decided On March 29, 2013
Nathdwara Temple Board Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE learned counsel for the applicant points out that so far the non-applicant No.2 is concerned, he happens to be the Chairman of the applicant Nathdwara Temple Board and as such, no notices are required to be issued to him. Further, it is pointed out that the non- applicants Nos.3 and 4 had been the writ petitioners in the original petition (CWP No.2858/2004), which was filed as a Public Interest Litigation and nothing adverse to their interest is being sought in this application. It is, therefore, prayed that service on the said non- applicants may also be dispensed with. Accepting the submissions so made and subject, of course, to all just exceptions, the service on the non-applicants Nos.2 to 4 is dispensed with for the time being.

(2.) BY way of this application, the applicant Nathdwara Temple Board has prayed for approval of the amendments in the original plan, framed for phased development of the temple and the town of Nathdwara, as has been taken up pursuant to the directions issued by this Court in the said PIL. The record of the said PIL (CWP No.2858/2004) has been placed before us and on a perusal of the same, it is noticed that several directions were issued therein. It is an admitted position of the learned counsel appearing for the parties that pursuant to such directions, several developmental and improvement works were taken up and several of them are under way. However, it is also fairly conceded that the progress on some of the relevant aspects has either receded or is not of the optimum level.

(3.) AFTER having preliminarily heard the learned senior counsel appearing on either of the side in the present application seeking approval of the amendment in the original development plan, we are, prima facie, of the view that looking to the relevance and significance of the matter; as also the requirements of ensuring compliance of orders passed by this Court; and the likely requirement of issuing further directions too, it would be serving the public cause if the proceedings in the said PIL (CWP No.2858/2004) are revived and the application/s like the present one are also dealt with therein.