LAKSHMANAN, CJ. - (1.) -
(2.) THE above-mentioned six special appeals arise out of the order, dated 24.5.96, passed by Hon'ble Arun Madan, J., in S.B. writ petitions Nos. 6826/94, 6855/94 and 1162/95. Writ Petition No. 6826/94 was filed by an Advocate, Shri Kamlakar Sharma; Writ Petition No. 6855/94 was filed by Rambagh Golf Club; and Writ Petition No. 1162/95 (by post), was sent by Dr. S.C. Kabra and another. Writ Petition No. 6826/94 was filed by Advocate Shri Kamlakar Sharma, for a writ of prohibition, restraining the State of Rajasthan and the Jaipur Development Authority (in short, "JDA"), from altering the status of any open space, park, play-ground and green areas etc., in the City of Jaipur and from carrying out any construction activity, including construction of buildings or roads in any of the said areas of the City of Jaipur, including Ram Bagh Complex, Golf Club, Polo Ground etc. A further prayer for prohibition, restraining from altering the land-use of any open space, play- ground, park, green areas etc. in any of the future master plans for the City of Jaipur, was also made. THE petitioner, Shri K.K. Sharma, who is an Advocate by profession, is also an environmentalist, states that he is deeply interested in the preservation of environment and ecology of the State of Rajasthan in particular, and the country in general. He is also an active sports loving person and believes in physical and mental well- being of human life. According to him, every citizen has a right to fresh air and to live in a pollution free environment; that it is essential that mankind has to live in tune with the nature; and that keeping the environment clean is a fundamental duty not only of the State, but also of every citizen. He was constrained to file the writ petition, on account of the high-handed, arbitrary and unreasonable attitude of the State Government as well as the JDA, by which they, instead of protecting the environment and ecology of the city, were acting detrimental to it. Writ Petition No. 6855/94 was filed by M/s. Rambagh Golf Club, through its Joint Secretary, with the prayer that by a suitable order or direction, the action of the non-petitioner, in removing the barbed fencing around the petitioner-club, may be quashed and for further restraining from causing any damage to the green area, maintained by the petitioner. A further prayer was made to restrain the non-petitioners, from construction any road within the petitioner-club area; from cutting or uprooting the own trees within the petitioner-club area; and also from raising any construction or allotting any land within the area, possessed by the petitioner-club and Polo Ground. Writ Petition No. 1162/95 (by post), a public interest litigation, was made by one Dr. S.C. Kabra and another, requesting the Rajasthan High Court, to intervene and direct the State Government and the JDA, to maintain the entire area of the Rambagh Complex, as open green area and to declare this area as "no-construction zone". They also requested to direct the State Government, not to approve any scheme/colony in the City of Jaipur, without adequate green areas to be located therein and further not to alter or reduce the existing developed green areas. They said in the petition that the people of the City shall ever remain grateful to this Court, for this act of kindness. All the three writ petitions were contested by the State of Rajasthan and the JDA. The learned Single Judge, while allowing the writ petitions, imparted the following directions:- "108. During the course of hearing it was brought to the notice of this Court that the green area over the land in question in use and occupation of the petitioner-club is being spoiled due to its misuse on account of concentration of large number of horses brought by polo players and, if not checked in time, this would result in damaging the green area of the Rambagh Complex besides causing irreparable damage to its grassy lawns. In view of this fact the stabling and schooling of horses shall not be permitted by the polo players in any manner whatsoever. If any obstruction has been caused by the polo players, as a result of pitching of tents for the abode of horse caretakers, stabling of horses including wooden-planks, the same should be removed immediately. However, the polo players shall be at liberty to bring the horses only when the matches are played and they would remove the same as soon as the matches are over. This would serve as safeguard for protection of the environment and the green area from the likely damage. 109. As a result of the above discussion, I am of the considered opinion that the petitioner in all the aforesaid writ petitions deserve to succeed. The writ petitions are consequently allowed, and a mandamus is issued prohibiting the respondents from altering the status of the land in question comprising Rambagh Golf Course and Polo Ground and other green areas, parks and play-grounds of Jaipur City. The respondents are further prohibited from converting or changing the user of the land in question in any manner as indicated in the Master Plan of the year 1976 which is still operative and binding on the respondents. The respondents are further restrained from carrying out any construction activity including roads and buildings i.e. residential, commercial, administrative and cultural complexes etc., over the land in question. A mandamus is issued to the respondents to give effect to the directions of this Court, as referred to above, by constituting the High Level Committee comprising the Secretary, Tourism Department, Government of Rajasthan, Commissioner, J.D.A., Secretary, State Pollution Control Board, and the Captain/Secretary of the Rambagh Golf Club within a period of 3 months from the date of this order with a view to have overall supervisory control of the Rambagh Complex comprising the land in question and to take effective steps for maintenance and further development of recreation facilities provided by the petitioner-club and for protection and maintenance of the green areas over the land in question for public utility and in the interest of general public. The said committee shall maintain overall control, supervision and monitoring over the land in question with a view to give effect to the aforesaid directions and shall arrange appropriate allocation and utilization of the funds apart from the funds already allocated by the Central Government of Rajasthan, for the maintenance, development and protection of green areas over the land in question and for further development of the Rambagh Complex. The respondents are further directed not to permit any sort of encroachment to be done over the land which is in use and occupation of the Rambagh Golf Club and the said club would be fully within its rights to protect the land under its occupation. There will be no order as to costs." Aggrieved by this judgment, the Rajasthan Polo Club preferred three special appeals, namely, D.B. Civil Special Appeals Nos. 847/96, 848/96 and 849/96, challenging a part of the aforesaid order, passed by the learned Single Judge. The appellant, Rajasthan Polo Club felt aggrieved only to the extent of certain directions and observations that are rendered by the learned Single Judge in paras 108 and 109 of the judgment, as on account of the aforesaid, the status and position of the Rajasthan Polo Club stood seriously compromised. The State of Rajasthan and the JDA also filed three special appeals, namely, DB Civil Special Appeal (W) Nos. 1051/96, 1089/96 and 1116/96, against the judgment dated 24.5.1996.
(3.) TWO fresh writ petitions : one, Writ Petition No. 4692/2000, by Ved Prakash Bishnoi; and the other, Writ Petition No. 4114/2000, by one Jeetendra Shrimali and another, were also filed. Briefly stated, the facts, which gave rise to the filing of the original writ petition by petitioner K.K. Sharma, are mentioned hereunder:- The entire land of Rambagh Complex originally belonged to Royal Family of Jaipur. In 1944, the then Maharani Gayatri Devi of Jaipur, developed a golf-course by the name of Rambagh Golf Club. In 1960, the Polo Club was shifted from Ganapati Nagar, to this area. Since then, both the Rambagh Golf Club and the Rajasthan Polo Club were jointly using this areas as a gold- course as well as the polo-ground. The area in question, at the time of filing of the writ petition in 1994, had over 40,000 trees and acres of lawns in the form of fairways of the golf- course and the polo-ground. The area acts as the lungs of the City of Jaipur. On 18.12.72, the draft Master Plan for the City of Jaipur was published, wherein it was mentioned as under:- "There are two existing stadiums in Jaipur, namely, Chougan Stadium in the walled city and Sawai Mansingh Stadium near Rambagh Palace. Both the stadiums are grossly undeveloped. It is proposed to provide all necessary facilities in these two stadiums. The existing Polo Ground in the Rambagh Palace complex has been retained. To meet the requirements of the expanding City, a golf course has been proposed as part of the Jhalana Park Development Scheme." ;