MATLOOB KHAN Vs. COLLECTOR AND DISTRICT MAGISTRATE, JHUNJHUNU

JUDGEMENT

(1.) It's time where this Court may take cognizance that public interest litigation are invariably filed in this Court to settle their personal scores and it is not an exception where the public interest is being abused by filing such frivolous petition in this Court. Initially, three petitioners have jointly filed the writ petition giving colour of public interest litigation but during pendency oi writ petition, petitioner-3 died and no one is substituted on his behalf.

(2.) The limited prayer made by way of instant public interest litigation is to restrain from raising construction by the respondent-4 and it was claiming to be in rampant violation of the Municipal Act, 2009 (Act, 2009) and so also Building Bye Laws 2010/2013 (Bye Laws, 2010). Both the petitioners ate resident of Ward No. 23 & 24, Jhunjhunu respectively since their birth, as informed.

(3.) On a specific question put to the counsel for petitioners, as to whether the petitioners who have crossed the age of 50 years, have even raised their voice in regard to any alleged illegal construction or construction raised in violation of mandate of law Counsel is unable to inform and obviously there is no pleading or record but this Court can take notice of the fact that other than the present controversy which has been raised in isolation against one of the selected identified construction raised by respondent-4 over the subject property in question of which he is holding valid title as alleged is being questioned by public interest litigation and what is being prayed is that respondents 1-3, 5 & 6 be directed to discharge their legal and statutory duties which are provided under the Rajasthan Municipal Act, 2009 and to see that the Building Bye Laws 2010 are being implemented by the authority in its true spirit and respondent-4 be restrained from raising construction if any which is not in terms of Building Bye Laws 2010. At the same time, it has also been prayed that if any illegal construction if raised, the concerned statutory authority be directed to get such unauthorized construction removed obviously in accordance with law after adopting the procedure which the law permits.