- (1.) As a conscious citizen of Jaipur, an eminent lawyer, Shri Ram Chandra Kasliwal, the petitioner, rightly turned his head from briefs to public grievances and finding the condition of famous Ramniwas Garden, a pride public park of pink city, Jaipur in peevish condition, filed this writ petition in public interest praying that a direction be given to the State of Rajasthan to remove/demolish encroachments made in this park by R.S.E.B., P.H.E.D., N.C.C. etc. and the vehicular traffic, which has turned this park into thoroughfare, should be stopped and prohibited. It is also prayed that the vehicles which come to Ravindra Manch should not enter through the main entrance gate of Ramniwas Garden and it should be provided with a separate approach. Prayer is also made that identity of the garden must be maintained and activities like the Circus, Public Meetings, Kavi Sammeians etc. should be banned in the garden.
(2.) The petitioner's grievance is that the grandeur of the garden is totally lost because of sheer mis-management. It has no more remained a public park but has become a market place, a thoroughfare, a highway where all kinds of vehicles, automobiles, rickshaws move from early morning till late night and any number of Hawkers and beggars chase the. tourists and several Khomchas and Thelas move from place to place to sell their goods. It is submitted that Ramniwas Garden in its original shape is not only a garden or a park but it is a complete complex for learning and entertainment dedicated to the people by the erstwhile Rulers of Jaipur. This garden has a Museum known through- out the country and the garden also has a Zoo, a playground known as Union Football ground, a small Cricket Pavilion and Ground known as Jaipur Cricket Club, Jaipur, ladies club so on and so forth. The petitioner's further grievance is that though Ramniwas Garden has been declared as a public park and included in the Schedule to the Rajasthan Public Parks Act, 1959, yet its character is not maintained. His grievance is that neither the State nor the local Authorities have ever realised that they are the trustees of the public interest and have to safe-guard the public rights, on the contrary they are betraying the trust by shirking their responsibilities in every manner possible. He has submitted that this garden is being used for Circus Shows, Exhibition etc. which have not only spoiled the serenity of the garden but destroyed the green plantation. It is submitted that number of Khomchawalas and Caterers have entered the garden and are spoiling the entire ecology as they not only emit foul smell and smoke but garbage is always thrown on roads and at various places. Petitioner's grievance is that as the nuisance in the garden is not abated it became difficult for the morning walkers even to have their morning walks in this garden.
(3.) Notices were issued to all concerned. Thereafter the court felt the genuine difficulty of the morning walkers, therefore, directed the garden Authorities not to allow traffic in the garden upto 8.00 a.m. so that morning walkers could breathe unpolluted free air in the morning. The court also directed that no Circus Show or any Exhibition which are likely to disturb the ecology of the garden should be permitted till further orders of the court. When the parties appeared before the court they filed replies also. After going through the contents of the writ petition and the replies filed thought it proper to call in person the Superintendent of Police (Traffic), Jaipur and Senior Town Planner, Jaipur Development Authority, Jaipur. Thereafter they appeared before the Court. It was found advisable that the officers of the various other departments of the State should also be invited to have a round table meeting and thereafter submit a plan to this court. Administrator, Municipal Council, Jaipur, Senior Town Planner, J.D.A., Jaipur, Addl. Superintendent of Police (Traffic), Jaipur, Executive Engineer (B & R) City Division, Jaipur, District Forest Officer, Jaipur, Superintending Engineer (Traffic) PWD Horticulturist and a representative of Chief Conservator of Forest dealing with wild life all met at once and took certain decisions. That was a good beginning in this direction. I directed them to prepare a proposed blue print of Ramniwas Garden in accordance with the decisions arrived at in their meeting. Jaipur Development Authority after holding a meeting submitted 15 copies of proposed plan they prepared. In this plan Jaipur Development Authority proposed certain re-shaping and re-designing of the garden. But since the rights of various parties were affected, I thought it proper to invite objections from all and sundry. directed that the proposed development plan of Ramniwas Garden be published in press and invite the objections/suggestions, if any. The proposed plan therefore, was published in Rajasthan Patrika and other dailies of Jaipur. During this, period court received 17 representations from various organizations and individuals. They were marked 1 to 17. Since certain objections required to be dealt with, notices were issued to Shri Rajendra Singh, President Bagayat-Dukandar Association, Sainik Chat Bhandar, Shri R.S. Kumbhat, State Chief Commissioner of Rajasthan State, Bharat Scouts and Guides, Shri O.P. Khandelwal of Rajdeep Hotel etc. and thereafter arguments were heard in details. Since the arguments centered round the proposed plan published, it was thought proper to hear the arguments in Chamber as the plan could be well spread over the table and discussed. It is a matter of great satisfaction that learned counsel for the parties including learned Advocate General Shri Sagarmal Mehta agreed on most of the submissions advanced by learned counsel for the petitioner, unanimity was arrived at on most of the issues involved and there remained no controversy on them.;