- (1.) THIS matter came to be registered as a Public Interest Litigation (PIL) after a learned Single Judge of this Court took cognizance of the distressful condition of Gaushala Maidan, a vast piece of land located in the heart of the city of Jodhpur, which was supposed to be used for development of sports activities.
(2.) THE learned Single Judge noticed from a newspaper report that the budding sportspersons were rather unable to use the playground because of the left-over of eatables after marriage functions in the ground littering all around; and the concerned persons having not bothered to ensure cleanliness of the ground. The learned Judge also noticed the fact that the wall between Gaushala Maidan and Old University campus was also damaged while using the ground for marriage purposes. The learned Single Judge, inter alia, ordered registration of an FIR for the offence relating to damage to public property; and ordered the matter to be placed before Hon'ble the Chief Justice. Thereafter, in terms of Rule 385-Q of the High Court Rules, Hon'ble the Chief Justice directed that the matter be treated as a PIL and be listed before the Division Bench as per roster. This is how the matter has come up before us. 3. On 7th inst., the learned Additional Advocate General submitted a progress report to the effect that the requisite FIR has been registered for offence under Sections 447, 427, 269, 278 IPC and Section 3 of PDPP Act at Police Station, Udaimandir, Jodhpur. However, looking to the subject matter of this PIL, this Court posed several questions to the learned AAG about the management of the property in question; and at request, adjourned the matter to this date. What has been pointed out by the learned Additional Advocate General today on instructions gives rise to much more questions rather than supplying any answer as regards maintenance of Gaushala Maidan.
(3.) AS per the submissions made, this particular parcel of land admeasuring 35 bighas, out of the land comprised in khasra No. 369 of revenue village Jodhpur, was set apart for the purposes of the Education Department; and the entire set apart land was given in the charge of the District Education Officer (Secondary Education), Jodhpur by the order dated 23.10.2001. Then, a Society in the name of "Gaushala Maidan Krida Avam Vikas Samiti, Jodhpur" was registered on 19.02.2003. A meeting of the said Society was held on 04.07.2006 in the Chairmanship of the Collector, Jodhpur. In the said meeting, while taking various decisions as regards composition of the General Body of the Society and for charging of fees from the persons using the land for the purpose of sports or for the purposes of walking/jogging and also for charging of the fees from the schools organising sports activities, the decision was also taken that the vacant piece of land may be given for marriage and other ceremonial purposes until preparation of the ground for hockey and construction of an indoor stadium.;