Arun Bhansali, J. - (1.) THE petitioner, asserting himself to be interested in any activity affecting the tourism in particular and people of Udaipur in general, has filed the present writ petition styling the same as a Public Interest Litigation alleging that four parks viz. Sajjan Niwas Bagh (Gulab Bag), Nehru Garden in Fatehsagar Lake, Sukharia Memorial Park and Mohta Park situated at Udaipur are being transferred to the Municipal Council, Udaipur; then considering the other engagement of the said Municipal Council and the fact that they lack the essential and necessary expertise of gardening, the conditions of all the four parks will further deteriorate and has, therefore, sought the intervention of this Court against the decision dt. 26.02.2013 (Annexure -16) in this regard and has prayed that the said decision dt. 26.02.2013 be quashed and set aside and further directions be issued for the purpose of maintenance and protection of the parks in question. It has been alleged that one of the parks in question, which presently belong to the Public Works Department, Government of Rajasthan were handed over to the Municipal Council, Udaipur for maintenance by order dt. 22.01.2007 for a period of five years vide Annexure -6, which resulted in the alleged deteriorated condition of the park and is allegedly being misused against the provisions of the Public Parks Act, 1956 ('the Act').
(2.) THE petitioner has prayed in the petition that: - - It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction the impugn decision dt. 26.02.2013 Annexure -17 so far as it is applicable to the Sajjan Niwas Bagh, Nehru Park, Mohta Park and Mohanlal Sukharia Memorial Park may kindly be declared illegal and be accordingly quashed and set aside. The direction may further be issued to the respondent No. 1 and 2 to: - - 1. To ensure that Gulab Bagh is restored to its original shape and form by removing all the improper constructions raised as per the Major Plan Annexure -2 by ensuring the proper plantation of trees etc. by bounding the park with proper wall and adequate security arrangement. 2. To ensure that no portion of the Gulab Bagh is unauthorizedly transferred to any person. Institution, society etc in violation of Act of 1956 and Rules of 1959 and to resume the portions already handed over for the purpose of maintenance. Respondents may further be directed to maintain the very Gulab Bagh in its shape as it is available today. To ensure that Nehru Park, Mohta Park and Mohanlal Sukharia Memorial Park is maintained and protected properly and by any means the shape of park is changed by alienating or using the park properly for foreign purpose.
(3.) ANY other relief to which petition deserves may kindly also be passed in favour of the petitioner. 3. The learned counsel appearing for the petitioner attempted to argue that the decision to transfer the parks vide Annexure -15 was contrary to Section 4 of the Act, inasmuch as, such transfer to local authority can take place only by Notification in the official Gazette and reiterated that the experience of last five years, whereby, one of the park is being maintained by Municipal Council, Udaipur is that the same is to the detriment of the said parks and, therefore, the decision deserves to be quashed and set aside and a direction deserves to be issued to the respondents to return the parks to their old glory. 4. We find the submissions as made, the pleadings as taken in the petition and documents as filed falling short of making out a case of Public Interest Litigation.;