MUNICIPAL BOARD OF RAJGARH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ application under Art. 226 of the Constitution by Municipal Board of Rajagarh against the State of Rajasthan, and arises in the following circumstances.

(2.) IT appears that in Chopar Bazar Rajgarh there is a vacant piece of land belonging to the Municipality. Vegetable sellers have been staying for a long time on this piece of land and paying Teh-Bazari, ground-rent, to the Municipality. This piece of land is low lying, and water collects in the rainy season. IT was, therefore, thought by the Municipality to construct a Pucca platform to avoid the nuisance resulting from the collection of water, and the nature of business carried on at that place. Consequently, a unanimous resolution was passed by the Municipality for making the construction of a Pucca platform. The construction started about the beginning of September, 1954. Thereupon, the Municipality received an order from the Collector on the 6th of September, 1954, directing it not to proceed with the said construction as some complaint had been received by the Collector on which he had called a report from the Sub Divisional Officer. The Municipal Board was directed to wait till this report was submitted as the complaint was that there was some apprehension of the breach of peace. The Sub-Divisional Officer submitted a report in which he said that there was no danger of the breach of peace, and the matter came up for consideration before the Collector on the 10th of September, 1954. when the Collector suggested a compromise formula to the Board. The Board accepted the compromise formula, and passed a resolution in accordance therewith on the 11th of September, 1954. Thereupon, the Board was to carry on the construction.

(3.) WE are, therefore, of opinion that the application must be allowed, and the order of the Government dated 14th/15th September, 1954, and all subsequent orders in connection including the one dated 5th of January, 1955, are set aside. The applicant will get its costs from the Government. .