- (1.) Heard finally with the consent of learned counsel for parties. The petitioners are villagers of village Phalna, Tehsil Bali, district Pali. They have preferred this Public Interest Litigation with a prayer that impugned order/Minutes of Meeting dated 19th September, 2012 (Annexure 2), whereby a permission has been granted to respondent No. 4 - Trust, for the purpose of installation of statue of late Shri Kishore Mal Khimawat, be declared as illegal and be quashed and set aside.
(2.) It is averred in the writ petition that a permission has been granted for installation of Statue over the piece of land, which is part of land bearing Khasra No. 158, which is a catchment area of Shiv Sagar Pond and is also a part of Nadi, therefore, no permission could have been granted over it, for installation of Statue.
(3.) The respondents Nos. 1 to 3 have filed reply to the writ petition, wherein it is submitted that the respondent No. 4 is a Charitable Trust, it filed an application before the Divisional Commissioner on 26.07.2012 for installation of a Statue of late Shri Kishore Mal Khimawat, who was a social worker as he planted more than Six Lacs Neem Trees. It was also stated that late Shri Kishore Mal Khimawat was awarded the following Awards: (1) Sarvo Amrita Devi (2) Vriksh Mitra (3) Vriksh Vradhak (4) Marwar Ratna (5) Dharti Putra (6) Samaj Sevi (7) Bhamashah.;