SHRI MATHUR J. - (1.) BY way of instant "Public Interest Litigation", petitioner has raised an issue of high public importance emphasizing on the need to protect the tanks, ponds for proper and healthy environment to enable the people to enjoy a quality life, which is the essence of right of a citizen under Article 21 of the Constitution of India.
(2.) REFERRING to the provisions of Rajasthan Land Revenue Act 1956, it is submitted that no Nadi land can be used for any sort of construction. The backdrop in which the petition has been filed needs to be noticed. There is a gair mumkin Nadi measuring 9 bighas 17 biswas in Khasra No.253 at Village Marwar Balia and so also, there is a land measuring 29 bighas 1 biswa in Khasra No.266 and this land is gair mumkin pasture land. The land situated in Khasra No.253 being a gair mumkin Nadi, cannot be used for construction of any sort of building. However, the third respondent viz; Mohd.Yusuf, Sarpanch, Gram Panchayat, Marwar Balia has started construction of a school building in the land situated in Khasra No.253. It is further stated that some persons made encroachments in the said gair mumkin Nadi land of Khasra No.253 and those persons served with notice for removing encroachments and thereafter all the encroachments were removed. A direction is sought restraining the respondents to construct the school building in Khasra No.253, which is a Nadi land.
(3.) IN reply to the writ petition, it has been admitted that in the revenue record, Khasra No.253 is recorded as gair mumkin Nadi land and Khasra No.266 as gochar land. However, it is denied that there is any Nadi land over the disputed site. There is 29 bighas and one biswa of land as straight land. There exists, various buildings viz; "Aanganbadi", Sub Health Centre, G.L.R.Building etc, It is further stated that large number of residential houses have been built therein. Thus, a proposal has been sent for conversion of the land as "Abadi" land. So far, as the construction of the school is 1 concerned, it is submitted that the same is in larger public interest. In the same area, number of Government buildings have already been constructed. ;