- (1.) THIS matter has been registered as a Public Interest Litigation ('PIL Petition') in view of the order dated 09.05.2012, as drawn by a learned Single Judge of this Court during the course of hearing of a civil miscellaneous appeal; and has been assigned to this Bench per Rule 385-Q of the Rules of the High Court for Judicature for Rajasthan, 1952 that reads as under:- "385-Q. Registration and assignment of PIL Petition upon suo motu cognizance.� Upon an order having been drawn by a Judge or by Judges of the Court during the course of hearing of any matter or otherwise, in relation to any cause, matter, or issue that has come to his or their knowledge having the element of public interest involved and requiring intervention of the Court, such order together with such other material as may be directed shall immediately be registered as a PIL Petition and shall be placed before the Chief Justice for assignment to appropriate Bench."
(2.) IT appears that the appeal wherein the said order dated 09.05.2012 came to be drawn (CMA No. 1138/2010: Ganpat Lal Vs. The New India Assurance Co. Ltd. & Anr.) related to a vehicular accident claim case; and the accident leading to the said appeal occurred on 10.05.2005 at Jodhpur-Pali Highway (National Highway No. 65) near a place known as "Om Banna-ka- Than". It further appears that during the course of arguments before the learned Single Judge, certain submissions were made to the effect that the said "Om Banna-ka-Than" and nearby shops were just adjacent to National Highway No. 65 causing traffic hazards, accidents and encroachments on public land. The learned Single Judge, after noticing the above facts, ordered that a requisition be sent to the Sub-Divisional Magistrate, Rohat, District Pali within whose jurisdiction the said "Om Banna- ka-Than" is situated; and directed him to send a report within two weeks alongwith photographs of the site and to state as to under what authority of law, the said Than and the adjoining shops were constructed adjacent to National Highway No. 65; and also to state the prescribed width of the Highway; and so also to answer as to why the encroachments said to be resulting in so many such accidents had not been removed. On the order so drawn in the said appeal, the Deputy Registrar (Judicial) placed the matter before Hon'ble the Chief Justice in conformity with Rule 385-Q ibid.; and, the subject- matter of the said miscellaneous appeal being otherwise different, the encroachment part of the matter has been assigned to this Bench as PIL Petition. Today, the Sub-Divisional Magistrate, Rohat has appeared and has filed a detailed report with photographs. It has been pointed out that seva-puja is going on at the place in question for last about 15-20 years and with increase in the number of devotees, encroachments spurt up that have been seriously dealt with. It has also been pointed out that on 24.06.2011, the Collector, Pali convened a meeting pursuant to the directions of the Hon'ble Supreme Court in Writ Petition No. 2145/2010; and it was decided that the 'Than' be shifted behind the present place between two dharamshalas and a connecting bridge be constructed over a nala falling in between. It is further pointed out that for the proposed place, 4 bighas land in khasra No. 100 gair mumkin gochar would be allotted to Shri Jog Singh, father of Om Banna, on his application and after his surrendering 4 bighas of khatedari land. It has also been stated that the said Shri Jog Singh has moved an application to the Tehsildar for surrendering 4 bighas of land pursuant to the said decision; and further proceedings in that regard are pending consideration. It has further been stated in the report that the width of the road of National Highway No. 65 at the place in question is 30 metres, as per the information received from the Executive Engineer, Public Works Department (National Highway), Pali, i.e., 15 metres on the either side from the centre point of the road. It is submitted that as at present, the said "Om Banna-ka-Than" is not within the road boundary and has been shifted to a place 152 feet away from the centre point of the road towards western side; and the fire offering place (Dhuni) was at about 123 feet from the centre point and that too was not within the road boundary. It is also stated that there were situated certain shops on the other side of the road, i.e., on the eastern side, on a khatedari land and that was also beyond the road boundary. It is also stated that the proceedings for acquisition of the land are underway for widening of the Highway; and after widening, its width would be 45 metres. Several photographs snapped from different angles have also been placed on record depicting the situation at site.
(3.) FROM the report as made, we are satisfied that the concerned authorities have been attending on the requirements at the site and have taken the requisite steps for all the regulatory measures. In fact, it is borne out from the material placed on record that the proceedings for removal of the encroachments were adopted since the year 2010; and the decision for shifting the said 'Than' was taken on 27.06.2011. It is also clear that the said decision for shifting was carried out on 08.07.2011. It appears that all such existing facts were not placed for consideration of the learned Single Judge of this Court before passing of the order dated 09.05.2012. Be that as it may, with the report now submitted and the facts placed before the Court, there appears no reason to continue with this PIL Petition any further. Taking the report of Sub-Divisional Magistrate, Rohat, District Pali on record and accepting the submissions that all the requisite steps in accordance with law are being taken by the concerned authorities, this PIL Petition stands disposed of. ;