- (1.) THIS writ petition has been filed, in the public interest, by the petitioner praying for the relief that construction of overhead water tank in the land reserved for the park, behind Arora Hospital, Krishna Nagar Colony, Bharatpur, be restrained. It is also submitted by the petitioner that park is necessary for the residents of Krishna Nagar Colony, who used to take walk in the park. Now by order Annexure -1, a decision has been taken to shift the overhead water tank to park in question; construction would be against the public interest, hence, petition has been preferred. It is submitted by the Counsel appearing on behalf of petitioner that petitioner has filed a civil suit also, in which injunction has not been granted, however, he has filed an application for withdrawal of the civil suit and has come in the writ application.
(2.) IN the reply, filed by respondents, it is submitted that District Administration has decided to construct overhead water reservoirs as well as underground water tanks in various colonies of Bharatpur City, namely Pushpa Vatika, Krishna Nagar, Nai Mandi, CIMMCO, Forte -II and CWR along with pump houses to lift the water of Chambal river and through these overhead water tanks to distribute water in respective areas of city with the help of Rajasthan Urban Sector Development Implementation Programme(RUIDP), an agency of the State Government. It is also contended by the respondents that in Krishna Nagar, an overhead water tank of 1350 Kilo Liter has to be constructed, for which the Municipality has granted permission vide letter dated 27.03.2012, in the park area, of which construction has been started. Other facts have been denied.
(3.) REJOINDER has been filed by the petitioner, contending that it would be against the public interest, in case overhead water tank is constructed in the area in question.;