- (1.) IN this matter filed as Public Interest Litigation, the petitioner, said to be a Ward Panch of Gram Panchayat, Falna, Tehsil Bali, District Pali has stated the grievance about a piece of revenue paying land comprised in khasra No. 158, revenue village Falna having been allotted for the purpose of installation of a statue though the land is of the catchment area of the adjoining pond. On 17.01.2013, this Court found a highly questionable state of affairs in this matter that though the sanctioned piece of land is 5x5 meters but much larger area had been covered by the respondent No. 4 by raising of a semi-circular wall of about 30.30 mtrs. length with its further arms of 8.5 mtrs. on each side and with further extended area of 1.85 mtrs. radius on each of the three sides of the said 5x5 mtrs. area.
(2.) UPON this Court expressing dissatisfaction, the learned counsel for the respondent No. 4 submitted apology on behalf of the respondent No. 4 for any act done contrary to the permission available with him and then, offered to remove the offending part of the construction. He was permitted to do so but further construction at the site in question was ordered to be stalled until further orders. The Tehsildar was ordered to submit specific status report of the site in question. On 06.02.2013, it was given out on behalf of the respondent No. 4 that the directions of the order dated 17.01.2013 had been complied with and that the offending structures, referred therein, have been removed. However, it was submitted on behalf of the petitioner that the removal had only been in part and there had been an attempt at camouflage so as to secure continuance of the remaining structures. This Court directed the jurisdictional Tehsildar to submit the status report of the site, as was required in view of the order dated 17.01.2013. The Tehsildar has submitted a report dated 07.02.2013 confirming the fact of removal of the wall but has referred to other factual aspects too. The learned counsel for the petitioner, however, has shown certain photographs and submitted that in fact, the entire area as was earlier carrying the wall had been raised much above the ground level and that would be of direct obstruction to the catchment.
(3.) HAVING regard to the circumstances, it is considered appropriate and hence directed that whatever submissions are now sought to be made, the same should be placed on record in writing by the petitioner with relevant material within two days. The respondent No. 4 may also submit his response, if so chosen, within two days thereafter. An application (IA No. 440/2013) has been moved by one Ghevar Chand son of Makana Ram Garg, resident of Bhitwara, Tehsil Bali, District Pali suggesting that the land as allotted to the respondent No.4 has wrongly been shown as 'Sivay Chak' whereas he is the bona fide purchaser of the land in question and, therefore, the orders in this writ petition may affect his rights. The applicant, therefore, seeks impleadment in this writ petition.;