Sunil Ambwani, Vijay Bishnoi, J. - (1.) We have heard the petitioner No.1 appearing in person.
(2.) In this public interest litigation, the petitioners have prayed for following reliefs:- (i) The PIL Application may kindly be allowed and; (ii) That an appropriate writ, direction and order may be issued against the respondents to act upon the recommendation of Public Grievances Redressal Committee vide annexure-5 dated 8.12.2010 and ensure access from Ganganagar-Hanumangarh Road to Ganganagar-Suratgarh Road (National Highway 15) through inter-connecting road in front of Jagdamba Andh Vidhyalaya Sri Ganganagar as finding mention in proposed master plan of 2001 and approved plan of 2004 deeming the sale deeds dated 27.3.2001 and 03.06.2006 vide annexures -12 & 13 with respect to the disputed area of Shankar Colony i.e. the interconnecting road in front of Jagdamba Andh Vidhyalaya Hanumangarh Road, Sri Ganganagar to UIT Road and NH-15 to be nonest in the eyes of law and to straighten road in front of Jagdamba Andh Vidhyalaya to UIT and Suratgarh road by clearing the obstructions. (iii) An appropriate writ, direction and order may be issued against the respondents and respondents may be directed to remove the unauthorized construction on the road in square no.40 of chak 6-E Chotti, Sri Ganganagar (presently a part of Shankar Colony, Sri Ganganagar) made by respondent No.5 & 6 in pursuance of the void sale deed dated 27.3.2001 made by Shri Mahaveer Prasad Sharma, Secretary Adarsh Grah Nirman Samiti, Sri Ganganagar. (iv) Cost of litigation may be awarded to the petitioner. (v) Any other relief which this Hon'ble High Court may deem fit and proper may also be granted in favour of the petitioner."
(3.) The notices were issued, in response to which, the respondents have filed their reply. The Urban Improvement Trust, Sri Ganganagar, in its reply, has submitted that a cooperative society for the development of housing was constituted in the name of Adarsh Grih Nirman Sahakari Samiti. The Samiti purchased agricultural land in chak No.6-E Chhoti, Sri Ganganagar comprising in Murabba No.40 measuring 23 bighas and 10 biswas by a registered sale deed on 18.6.1979 from original khatedars. Since the Samiti was substituted as khatedar tenant, in order to specify its object, the Samiti made different persons as its member including Shri Radha Krishana. Radha Krishana was allotted plot No.1 of Shanker Colony Scheme No.3 through proposal No.4 of the Samiti. The Samiti issued a patta in favour of Radha Krishana. After allotment and getting possession, Radha Krishna raised construction on the said plot and obtained water and electricity connections and has started consumption of water and electricity for which the bills were issued in the name of Radha Krishana.;