MOHALLA VIKAS SAMITI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The public interest litigant in this writ petition under Article 226 of the Constitution, seeks directions to the respondents to take appropriate steps to stop the illegal use of park for holding the marriages and other functions, by the fourth respondent.

(2.) The facts of this case are that the Kamla Nehru Colony -which is situated between Chopasani Road and Guoron Ka Talab, Jodhpur- was developed by the erstwhile Urban Improvement Trust, Jodhpur (hereinafter referred to as the "UIT") as scheme area which spread over an area measuring 114 acres of land. The petitioner submits that the scheme was planned and has reserved separate areas for differing land uses, including park, playground and open spaces wherein 66.61 acres of land is reserved for the residential purposes, 2.2 acres of land for commercial purposes, and 14.32 acres of land is reserved for park, open space and play ground. Apparently, the colony is divided into three Sectors i.e. A, B and C. Situated on one side of the colony, a 130 feet wide road Soorsagar Road. A strip of land parallel to the road has been left open and reserved for parks, playground and open space.

(3.) The petitioner submits that the open space also finds mention in the Master Development Plan finalized and issued by the State Government and that the entire open space is classified as Green Belt Area. Claiming that Sector A of the colony shares a part of the open space- on one side- it is alleged that a part of the open space land measuring 90x90 square feet, (located opposite Sector A facing Pratap Nagar Road) was developed into a public park in 2001 and was named as Pandit Deen Dayal Upadhyaya Park. The park, according to the petitioner was handed over to the local residents for maintenance, upkeep and use.