BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) After having heard the learned counsel for the petitioners and having perused the material placed on record, we are satisfied that this petition has nothing of public interest so as to be entertained as a Public Interest Litigation ('PIL'). Moreover, this petition appears to be lacking in bonafide and rather appears to be of oblique and ill intents.

(2.) By way of this petition, the petitioners, said to be the residents of different villages and Dhanis near Toonkaliya, Tehsil Merta, District Nagaur seek to state grievance against establishment of a Toll Plaza over a double-lane road, said to have been constructed by the Rajasthan State Road Development Corporation Ltd. The petitioners have alleged that the land of Khasra Nos. 2352 and 2794 of village Dhanapa is recorded as Nadi and Gochar land. It is averred that at the time of widening of the road, much of the land comprised in said Khasra Nos. 2352 and 2794 has been taken over in breach of law.

(3.) While making cursory reference to the objections, allegedly made against construction of the road on the land aforesaid, the petitioners have averred that now, the road has been constructed and for collection of toll, a Toll Plaza is being constructed. It is submitted that though the Toll Plaza is on the road itself but is not at a proper place due to which, a particular portion of way towards agricultural fields is likely to be obstructed. It is further submitted that after establishment of the Toll Plaza, now some civil construction would also be raised for the purpose of the staff working on collection of toll, for which the villagers did make objections and thereupon, the SDO Merta City, after taking reports from all the concerned, made a report on 06.03.2013 that Toll Plaza was to come up on the land of Khasra Nos. 2352 and 2794 of village Dhanapa, which was recorded as Gair Mumkin Nadi; and it was also likely to interfere with the other way towards agricultural fields. The SDO has gone to the extent of suggesting that even the flow of water would be obstructed because of the said Toll Plaza. While relying on the aforesaid report of SDO and with the submission that the land of Khasra Nos.2352 and 2794, which is recorded as Nadi, cannot be allowed to be put to any other use, the petitioners have prayed as under:-