Rajesh Balia, J. - (1.) HEARD learned Counsel for the parties on this contempt petition as well as on the writ petition filed by the petitioner. The petitioner has filed this petition as a public minded person seeking following directions of the Court in the interest of public. (i) The respondents be restrained from constructing any building for the use of office of Municipal Corporation or in any manner covering any peace of ground land known as Rawan -Ka -Chabutra between Residency Road and Barakatulla Stadium and between Pal Road and Kalpatru Road. (ii) Respondents may be restrained from curtailing the rights of public at large of Jodhpur from freely using the complete open land of Rawan -Ka -Chabutra for their social and religious and cultural gatherings and celebrations of Dashara and Rawan Dahan.
(2.) THE petition was founded on the assertions and apprehensions that the open space in question which is known as 'Rawan -Ka -Chabutra' since long time past and is a place where every years Dashara festival is being celebrated by destroying the effigies of Rawan, Kumbhkaran and Meghnath symbolising victory of good over evil. It is a place of public assemblage for the citizens of this town for periodical amusement, fairs, installed here, or for organising trade fairs, since time before the memory of present people goes. Part of this open place was covered by developing a stadia about two decades ago. On the remaining open portion of the site of Dashara Festival ground, where the Municipal Corporation, Jodhpur proposed to construct its official head quarters which could have covered substantial part of this open space and destroyed its public purpose, the present writ petition was filed for the aforesaid relief. The petitioner not only claimed direction for restraining the respondent from constructing the building for the office of Municipal Corporation but also has sought directions for restraining the respondents from covering any place in the open area known as 'Rawan -Ka -Chabutra' which is bounded in length between Residency Road and Barakatulla Khan Stadium from North to South and between Pal Road and Kalpatru Road between West to East in breadth. It was also prayed by the petitioner that the said land should be kept open for general use for public assemblage and facilities.
(3.) NOTICES of this petition were issued on 13.04.1998. The matter came up for consideration on interim relief for restraining the respondents from raising of the proposed construction of Municipality Office on 6.7.1998. The order recorded the statement made by learned counsel for the respondents No. 2 and 3 is as under: Hon'ble Mr. Justice B.J. Shethna Hon'ble Mr. Justice A.K. Singh A.K. Rajvanshy, for the petitioner P. Tatiya, D. Mahashwari, for the Respondent Nos. 2 & 3. Heard the learned Counsel for the parties. Learned Counsel for the respondents state that presently the respondent No. 2 is not going to put up any construction and as and when they want to put up the construction, they will not do so with the prior permission of this Court. Since that period, petition has been listed from time to time. No construction of Municipal Office building has taken place and today when the matter came up for hearing, Mr. Saluja counsel for the respondent No. 2, Municipal Corporation has stated that the Municipal Corporation has altogether abandoned the project of raising an office building on the disputed site and is not intending to put any construction over that land. So also Mr. Dinesh Maheshwari counsel for respondent No. 3, U.I.T. states that the U.I.T. has no project to make any construction over the land in question. Both the learned Counsel further state that the respondent No. two and three respectively shall continue to abide by statement given before this Court on 6.7.1998 that any construction raised over this land in future shall not be without prior permission of the Court. That should normally have drawn curtain on this litigation. However, an application has been moved on behalf of the petitioner for wilful disobedience of the aforesaid undertaking given before the Court alleging that in the part of the land in question the respondents have raised construction of a Bio Gas Plant at the corner of Residency road and Pal road near shopping complex without obtaining prior permission of the Court. Thus, they have flouted the solemn undertaking given to Court and assurance which they gave to the Court on 6.7.1998. Notices of this application were issued on 9.9.2002 to which a reply has been made by respondent No. 2, Chief Executive Officer, Municipal Corporation, Jodhpur. An un -conditional apology has been tendered for the construction raised in that corner. In addition to tendering apology, it has also explained that in what circumstances those constructions came into existence and that the room constructed for housing generator set to utilise energy generated from nightsoil fumes has since been demolished and what is the current status on site.;