- (1.) We have heard learned counsel appearing for the parties. In this review petition, we had passed the following order on 17.09.2014:-- "Learned Advocate General appearing for the State of Rajasthan prays for two weeks' time to file reply to the review petition. We have examined the settlement dated 11.8.2000 arrived at between the Government of Rajasthan, Jaipur Development Authority and Rambagh Golf Club, Jaipur, in which it was agreed that the land and the Golf Club will belong to the Jaipur Development Authority and will be known as "Jaipur Development Authority Golf Club". The agreement was accepted by the Court and the orders were upheld by Hon'ble Supreme Court. We expect the State Government and Jaipur Development Authority to have a control over the Golf Club, and to allow the properties and the management of Golf Club to be utilized in accordance with law for public purpose. We also expect that all the activities, which are not associated with sports, will be stopped and the parking lots will be made open to the general public, for use of the park. It would be open to the Jaipur Development Authority to pass appropriate orders, and to annex the same alongwith their reply. List on 9.10.2014."
(2.) It is submitted by the review-petitioner that our orders have not been carried out, and that despite a settlement dated 11.08.2000, arrived at between the Government of Rajasthan, Jaipur Development Authority and Rambagh Golf Club, Jaipur, referred to in paragraph-19 of the judgment, in Rajasthan Polo Club v. State of Rajasthan & 7 Others, 2002 1 WLC(Raj) 1 (D.B. Civil Special Appeal No. 847/1996), decided on 25.09.2001, non-sporting activities and those which are detrimental to the environment of the Central Park, are being carried out unabated. It is submitted that a Bar is being run in the Club House with a licence from the Commissioner, Excise Department, Government of Rajasthan, in the premises of the Club House of the Golf Club. It is admitted that the Bar remains open up to 11 o'clock in the night and that the Club House is used for private parties, catering to its 1800 members, most of whom belong to the elite of Jaipur. It is also admitted that despite settlement dated 11.08.2000, no Memorandum of Understanding has been entered into between the JDA and the Jaipur Golf Club, nor any modalities have been worked out for payment of lease rent, and for running of the Club in the Rambagh Campus, also known as Central Park, on the land acquired by the State of Rajasthan and is under the management of JDA.
(3.) We may quote, with benefit, the settlement dated 11.08.2000, which was accepted by the Court in Rajasthan Polo Club v. State of Rajasthan & 7 Others , as follows:-- "1. As a part of its proposed scheme of city level park on the acquired land or Rambagh campus, JDA will have an 18-hoIe gold course including a Club House. For this purpose, JDA will engage a Gold expert to design (including redesigning/relaying, if required) a 18-hole golf course so that it is accommodated in minimum possible area and integrates and complements the polo and the public park uses of the land. A suitable site will be identified for the stables of Polo Ground and exercise of horses. 2. This 18-hole golf course will be owned by Jaipur Development Authority and shall be know as 'JDA Golf Course' and will be managed and controlled by the Golf Club (in accordance with its Constitution and Articles of Association) whose President would be the Secretary, Urban Development, Govt. of Rajasthan and Jaipur Development Commissioner would be its Vice President. Other modalities and lease rent to be paid by the Club to JDA will be decided in due course. 3. The land used by Rajasthan Polo Club would be owned by Jaipur Development Authority and Secretary, Urban Development, would be the President of the Club and JDC would be the Vice President. 4. Rambagh Golf Club will arrange before 22.8.2000 the withdrawal of all the three writ petitions which led to the passing of the judgment by the Hon'ble Single Bench on 24.5.96. Whereupon JDA and Polo Club will also withdraw their D.B. appeals (3 each). Hon'ble Division Bench will be requested to allow all these withdrawals and set aside the judgment passed by Hon'ble Single Bench in view of the settlement reached between the parties. Consequently, the JDA will also withdraw the SLPs pending before the Hon'ble Supreme Court. 5. Pending designing of the golf course, and in anticipation of the withdrawal of the litigation as above, JDA will immediately start the development of the two parking lots (proposed along P.R. Road & B.D. road) and development of the park from the PR Road/BD Road end in view of the forthcoming international Rajasthan/Conclave 2000 starting from 23.9.2000 in Jaipur.";