G.P. Mathur, J. - (1.) Leave granted.
(2.) This appeal, by special leave, has been preferred against the order dated 28.5.2004 of High Court of Rajasthan by which the review petition filed by the appellant was dismissed.
(3.) It is necessary to mention some basic facts for the decision of the appeal. The respondent, C.L. Mishra, sent a letter to the Rajasthan High Court that a temple had been constructed on a land adjoining Bagla Mukhi Sadhana Kendra in Sector 3, Malviya Nagar, Jaipur, a place which was earmarked for a park and the construction had been made without prior approval of the competent authorities. The letter was treated as a public interest litigation and was registered as D.B. Civil Writ Petition No.6051 of 1997 at the Jaipur Bench of the High Court. Notices were issued to the Jaipur Municipal Corporation, Rajasthan Housing Board, Collector Jaipur, and two private persons namely Shyam Lal Gulani and Hargum Dass Motwani, who were alleged to have raised the unauthorized construction. These persons filed a joint reply asserting that the writ petitioner himself was an unauthorized occupant and he had forcibly taken possession of the temple where he was residing. They also submitted that a public temple exists on the disputed land for a long time and was shown to be land of temple in the maps and plans of Rajasthan Housing board and that of Jaipur Municipal Corporation. They denied that the temple had been constructed by encroaching upon land, which was earmarked for a park. The Rajasthan Housing Board filed a reply stating, inter alia, that there was a temple on the land alleged by the writ petitioner but no work of new construction was found. On enquiry from the residents of the area it was found that the temple was being maintained by Pujya Sindhi Panchayat, Sector 3. It was also stated that in the municipal map it was shown as a temple and the land had been earmarked for the same. The other plea taken by the Board was that after construction of the colony, the same had been handed over to Jaipur Municipal Corporation and if any unauthorized construction had been made, it was the responsibility of the Jaipur Municipal Corporation to remove the same. The Jaipur Municipal Corporation also filed a reply stating, inter alia, that on 9.11.1992 the charge of certain sectors in Malviya Nagar was handed over by Rajasthan Housing Board to the Jaipur Municipal Corporation. The Housing Board had not handed over the strip of land which remained vacant in the colony or in respect of which the title was in dispute and has kept all such lands in its own ownership. The Municipal Corporation thus denied any responsibility in the matter of removal of encroachment from the land.;