Kailash Chandra Joshi, J. - (1.) Heard learned counsel for the petitioners.
(2.) This Public Interest Litigation under Article 226 and 227 of the Constitution of India has been preferred by the petitioners against the order dated 31.03.2006 passed by respondent No.4,The Permanent Lok Adalat, District Pali.
(3.) An application was filed by respondent No.1 before the Permanent Lok Adalat, District Pali respondent No.4, alleging therein that there is no discharge for the rain water and water from houses at Sardar Patel Nagar and Shivaji Nagar , due to which water get spread on the road and cause inconvenience to the people. It is alleged that the said application was filed for the personal benefit of respondent No.1, with out any concern or knowledge of the members of the localities of Shivaji Nagar or Sardar Patel Nagar. The Municipal Council in its reply alleged that there is no house water discharge and only during rain the rain water is accumulated and the people of the specified area and the member of Zila Parishad also objected to the construction of Nala, since there already exists sufficient drainage constructed beside every house. But the Permanent Lok Adalat , respondent No.4, vide its order dated 31.03.2006 ordered to construct the Nala. The petitioners being remedy less preferred a writ petition, challenging the aforesaid order but later on the same was withdrawn, with liberty to prefer public interest litigation. It was averred that since extreme hardships and nuisance is being faced by the petitioners and the local residents by construction of Nala as there already exists proper drainage , it was averred that construction of new drainage shall amount to wastage of public money as well.;