- (1.) The Indian National Trust for Art and Cultural Heritage (INTACH) has preferred this petition for writ to have following reliefs :- "A. By an appropriate writ order or direction, the respondents may kindly be directed to protect the hill on which Mehrangarh Fort is existing from illegal encroachments, illegal constructions and illegal intersections particularly on the hill road. B. By an appropriate writ order or direction the hill and hill road may be renovated, beautified, planned and modernized to make it free of encroachment, illegal constructions and illegal intersections particularly the intersection of Dukh Bhanjan Balaji Temple road and any other such intersections. C. By an appropriate writ order or direction, the respondents may kindly be directed to remove the Ashrams Jait Singh Ji Ka Thada & Fateshwar Mahadev Ka Mandir situated at the forest land at the end of fort road entering into forest land on the right side. D. By an appropriate writ order or direction, the respondents may kindly be directed to acquire any land for saving the hill and the hill road and regulate the traffic thereon. E. By an appropriate writ order or direction, the respondents may kindly be directed to removal all encroachments in an around the fort road particularly that of Singhodion Ki Badi and any other such encroachment. F. By an appropriate writ order or direction, restrain the respondents from giving any pattas or valid documents for such encroached land in an around the fort road and also if any such patta or valid document of title is granted then the same may kindly be quashed and set aside. G. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. H. Writ petition filed by the petitioners may kindly be allowed with costs."
(2.) As per the petitioner, the approach road to Mehrangarh Fort is facing immense pressure of encroachments and congestion due to lack of action by competent authorities. It is stated that the Mehrangarh and several other buildings situated nearby are precious heritage, thus, are pride of country. Necessary care for protection of all these monuments must be taken by the State of Rajasthan being under constitutional obligation as per Part-IV of the Constitution of India. According to the petitioner a huge number of tourists and local residents of Jodhpur city visit Mehrangarh Fort everyday and suffers traffic hazards due to the encroachments made by several persons and apathy of Government in this regard.
(3.) A preliminary reply has been filed on behalf of respondent Jodhpur Development Authority stating therein as under:- "It is quite astonishing to note that on one hand, the petitioner has come out with the case that the monument such as Jaswant Thada, Mehrangarh Fort should be protected and illegal encroachments should be removed and appropriate facilities should be provided, so that the person at large can travel to these monuments. It is submitted that the answering respondent No.2 is under the process of construction of Road from Dukh Bhanjan Takery not only to facilitate appropriate traffic but to work in the public interest so that more and more person go to the Temple Dukh Bhanjan Balaji for worship and for that purpose, specific permission was sought by the Secretary, J.D.A. from the Chief Executive Officer, Municipal Council, Jodhpur on 24th July, 2012 to facilitate the disciple to go to the Temple Dukh Bhanjan Balaji as they have to travel on Foot without there being any appropriate road to reach the temple. A copy of of this communication dated 24th July, 2012 along with the site plan are produced herewith and marked as ANNEXURE-R/2/1. 2. That prior to the said communication, the report was received from the Deputy Commissioner (North), JDA, Jodhpur that after appropriate investigation and demand of raising construction of Road to go to the Temple, it was found that Khasra No.480 measuring 1621 Bighas in Gair Mumkin Abadi Land which comes within the jurisdiction of Municipal Council, Jodhpur. A copy of the said communication dated 19th July, 2012 along with Jamabandi Khatoni of the relevant land is produced herewith and marked as ANNEXURE-R/2/2. 3. That permission was sought from the Municipal Council which was finally granted by the Chief Executive Officer, Municipal Council, Jodhpur dated 30th July 2012 / 1 st August, 2012. A copy of the said communication is produced herewith and marked as ANNEXURE-R/2/3. 4. That subsequent to the permission granted by the Municipal Council, Jodhpur, the tenders were invited by the respondents and work-order was issued to M/s Narpat Construction Company on 31st Oct., 2012. A copy of the order dated 31.10.2012 is produced herewith and marked as ANNEXURE-R/2/4. 5. That in order to facilitate, appropriate facility and work in the public interest, the construction on the road had been started with appropriate parking facilities. A latest site plan and detailed survey plan of Hanuman Temple Killa Road, Jodhpur is produced herewith and marked as ANNEXURE-R/2/5. According to the site plan, the construction which has already been started, the proposed road is being constructed, which is free from all encroachments to go to the Temple, which would be 24 feet with appropriate parking facilities. 6. That it is surprising to note that the petitioner is objecting to the work and the construction of road by the JDA in the public interest and instead of supporting the case of the JDA, the petitioner wanted to stop the said construction which shows that the public interest litigation has been filed with ulterior motives. In such circumstances, the present Public Interest Litigation deserves to be dismissed. 7. That so far as the removal of encroachments are concerned, the J.D.A. is always ready to help the Municipal Council, Jodhpur to remove all the illegal constructions and work towards clean and encroachment free Jodhpur City and specially to protect the monuments like Mehrangarh Fort and Jaswant Thada, which are proud of not only Jodhpur City but of all the entire country. Hence, the present writ petition is liable to be dismissed.";