STATE Vs. INHABITANTS OF BUNDI CITY

JUDGEMENT

(1.) Public Health and Engineering Department, Bundi started raising construction of an over-head water tank for meeting the supply of domestic water to the residents of Bundi in view of the increased population. When the construction reached the raising the pillars upto the fourth level, the inhabitants of Bundi city, as first plaintiff and five more residents, filed a suit to restrain the raising of the over-head water tank in the public park saying that it had to remain as it is for the use of the residents of the town of Bundi and for this reliance was placed on an earlier decision of this court in Citizens of Bundi v. Municipal Board, (1987) 2 Raj LR 179. In the said judgment the inhabitants of the Bundi city had obtained a decree of injunction against the State Government and the Municipal Board, Bundi to leave the place as an open site which is for the purpose to be used as a public park and the remaining part for public functions / meetings etc. and they were restrained from raising any construction thereon. This previous decision was rendered on a suit which was necessitated because the Municipal Board, Bundi had covered part of the periphery of the aforesaid site by raising shopping complex. By the time the shopping complex was complete, the suit was filed. The result was that the complex was allowed to stay but injunction was issued not to raise any further construction.

(2.) Along with the suit, an application was filed for restraining the State Government in the Public Health and Engineering Department to stop the construction. Injunction was granted by the trial court and that has been maintained by the first appellate court and this is Revision against those orders.

(3.) The contesting respondents have been served. None appears for them despite service. Accordingly I proceed to decide the case ex parte.