BALI, J. - (1.) MR. Ram Chandra Kasliwal, a prominent lawyer, filed a petition in the nature of public interest litigation praying that directions be given to the State of Rajasthan to remove/demolish encroachments made in the famous Ram Niwas Garden by R. S. E. B. P. H. E. D. N. C. C. etc. and the vehicular traffic which had turned the park into a thorough-fare should be stopped and prohibited. He also prayed that the vehicles which come to Ravindra Manch should not enter through the main entrance gate of Ram Niwas Garden and it should be provided a separate approach. He also prayed that identity of the garden must be maintained and activities like Circus, public meetings, Kavi Sammelan etc. should be banned therein. V. S. Dave J. as he then was, while deciding the writ petition aforesaid gave several directions which are being reproduced below: 1. Ramniwas garden shall be kept as a park within the meaning of the Act of 1956 and no to pass through it with the exception that such narrow lines may be made for bringing certain vehicles inside for the purpose of catering to the needs of animals in the Zoo and for carrying manure for land and plants and for removing garbage from the garden. 2. The vehicular traffic which now passes through Ramniwas Garden shall be diverted on Moti Dungari Road and Tonk Road (Sawai Ramsingh Highway ). Encroachments on these roads shall be removed and roads widened so as to make it suitable for fast moving traffic. 3. The Museum Marg shall be made as a link road between Moti Dungari Road and Jawahar Lal Nehru Marg passing through the rear portion of the Museum. This Museum Marg shall be widened and will have a divider passing through Ramniwas Garden upto Jawahar Lal Nehru Marg keeping the Marble Chhatri existing in the garden in tact. If need be it will be open to the J. D. A. to construct the road on the vacant area covered by Footpath and lawn parallel to Nursery and the children garden. 4. Carriage way on Aarogya Path joining Jawahar Lal Nehru Marg with Tonk Road shall be widened and made as regular link road. J. D. A. may request the hospital authorities to get the quarters vacated falling on this road providing the occupants alternate accommodation and widening may be done by acquiring that land. J. D. A. may allot alternate land or pay such compensation as is agreed upon between J. D. A. and the hospital authorities. 5. Proper barriers shall be placed at various points marked in the map and they shall be so made that even Scooters and Cycles are not permitted inside. 6. Parking places shall be provided towards the museum road, Jawahar Lal Nehru Marg and the buffer Zone between the main gate opposite Chaura Rasta and the barrier to be placed at point No. 2 in the map, in the garden. 7. Area under the occupation of R. S. E. B. and P. H. E. D. shall be demarcated. They shall not be permitted to increase the area already under occupation and shall have their independent entrance and new link road shall be constructed behind R. S. E. B. and P. H. E. D. Offices connecting sir Mirza Ismail Road from the point where present gate opposite Mansingh Cinema exists with Tonk Road at a point almost opposite M. G. D. School. 8. Existing Cafeteria and other Stalls which are at present located in the enclosures may either be regularised and retained at those places or the garden authorities in consultation with the J. D. A. may provide them some other place but in any case they shall be directed not to use cock or wood fuel for the purpose of cooking. They shall only be permitted to use L. P. Gas. They shall be directed to keep proper garbage containers and it shall be either responsibility for getting them removed and in case garden Authorities are forced to remove it the same shall be at the cost of Stall holders and cafeteria. The lisencees if violate the conditions the Authorities may terminate their licence in accordance with law and ask them to vacate the premises. 9. The Kiosque shall be constructed on all the corners of the garden in accordance with the specification to be decided in consultation with J. D. A. making proper arrangements for throwing garbage. Khomchas, Thelas and Hawkers shall not be permitted to stand anywhere except the area earmarked places to be earmarked by the Authorities. They shall in no case be permitted to spoil the environment of the garden. 10. In view of the fact that S. M. S. Stadium and Chaugan Stadium have been made, the State Govt. and the Sports Council should negotiate for carrying on J. C. C. and Union Foot-ball activities at some other places. If this cannot be done, the Union Foot-ball ground shall have its entry from Gem Cinema right side only. 11. The ladies club shall use its premises only for the activities connected with the objects of the club and shall not let out for marriage purposes and such other purposes which are not germain to the objects of the club. 12. The traffic to Ravindra Munch Complex and the Union Foot-ball ground and the area which is used for flower shows, vegetables and horticulture exhibitions etc. be permitted only from the gate opposite Gen Cinema. 13. The P. W. D. in consultation with the town planner shall construct such shed or sheds as is considered necessary providing proper benches for resting to the visitors of the garden. However, it shall, in no case, obstruct the view of Albert Hall and Museum from either side. 14. The State Government if, for reasons to be recorded by concern Authorities, deems it proper to permit any cultural or educational activity in any part of the garden it shall provide for special budget to the garden Authorities for repair any damage if per chance done, 15. Annexure-A is made a part of this order which indicates the portion marked by red pencil to indicate that in no manner any type of violation of the aforesaid conditions shall be made in future and roads indicated by blue pencil shall be properly constructed and maintained. 16. It shall be lawful for the State Authorities in consultation with the JDA to acquire in future any land beyond the read mark portion in Annexure 1 for the purpose of development of the city. 17. The Municipal Corporation shall not permit any garbage or rubbish or meat or flesh on the road side on Moti Dungari road. "
(2.) THE present civil miscellaneous application No. 28538 dated 20. 9. 2005 has been filed by the Tourism Department, Government of Rajasthan through Mr. Vinod Jutshi, Secretary to Government, Deptt. of Tourism seeking permission of the Court to use the Ram Niwas Garden and Albert Hall from 8. 10. 2005 to 5. 11. 2005 so that `vijayadashmi (Dusshera) and Diwali Utsav' can be organised and arrangements at the above places could be made on the terms and conditions as this Court may deem think proper in the facts and circumstances of the case. It has inter alia been pleaded in the application that in another case, which also came up before this Court, it was held that if any cultural, educational activity or celebrations are to be done in Ramniwas Bagh, permission may be obtained from this Court. Dusshera and Diwali are stated to be the biggest festivals of the Hindus. Both the festivals symbolise the triumph of `good over Evil'. Diwali also marks the harvest season of crops. In order to celebrate the spirit of the festival and in order to boost the local economy and in order to increase the earnings of the common man, the applicant State of Rajasthan has taken a decision to organise `the Vijayadashmi (Dussherra) and Diwali Utsav' starting from 12. 10. 2005 to 1. 11. 2005. During the said Utsav, the applicant has further mentioned that it would hold various cultural programmes, craft bazar and food court of traditional foods. Department of Tourism has been appointed as the Nodal Agency for the event. It is then pleaded that traditionally speaking, the Dusshera celebrations were also undertaken by the erstwhile State of Jaipur. The procession with the idol of Shri Ramji used to start from the City Palace with great fanfare and went upto Dusshera Kothi. The procession included decorated chariots, camels, horses, elephants and other carriages with weapons of the State and arms. Bands were also there and artists accompanied the procession performing their arts and signing chorus in veneration of Shri Ram. The festival of `vijaya Dashmi' is celebrated with much fanfare not only in India but even in other countries as it is a symbol of `victory of good over evil'. Besides that, the festival of `diwali' is the most widely celebrated festival of India and it is also known as the `festival of Lights. ' It is then pleaded that Jaipur is a very important centre for tourists and the tourists visit from abroad and from the entire length and breadth of the country. With a view to revive the past cultural traditions and to boost tourism in the State, the State Government has decided to celebrate Dusshera and Diwali in a commemorative manner this year by taking out a procession comprising elephants, horses, chariots, camels, weapon carriages, performing artists and the idol of deity Shri Ramji from Tripolia Gate to proceed through Badi Chaper, Sanganeri Gate, Ramniwas Bagh and terminate at Albert Hall. Since the procession would go through the Ram Niwas Garden upto Albert Hall, permission of this Court is necessary. It is then pleaded that it would be a grand celebration involving organisation of cultural evenings, craft haat bazar-cum-Mela, Bhajan Sandhya, various exhibitions, sports competition, Mahaartis and fireworks. It is then pleaded that Rajasthan being a very important centre for tourists, every third foreign tourist visiting India is visiting the State of Rajasthan which clearly denotes the importance of Rajasthan on the international map of tourism. With a view to show Rajasthan's Art, Culture and Heritage and to revive the traditional cuisines, sports, folk art and music and also to ensure mass participation of Rajasthanis, the State Government has decided to celebrate this occasion in a most festive and cultural manner. It has also been pleaded that it will be an occasion for the foreign as well as India tourists to get an opportunity to have an insight of the Rajasthani/india culture. Inauguration of the event is started to be scheduled on 12. 10. 2005 and various cultural concerts/programmes will be held in the evening from 13th October to 4. 11. 2005 and during the celebrations, Ram Niwas Bagh and Albert Hall would be required and therefore, permission of this Court was necessary keeping in view the guidelines as laid down in civil writ petition mentioned above. The prayer contained in the application, as mentioned above, has been hotly contested by the petitioner in the original lis. It has been urged on behalf of the petitioner who, as mentioned above, is a lawyer, that no permission of the Government has been obtained to hold functions in Albert Hall and the Ramniwas Garden and therefore, this Court cannot grant permission. The applicant Tourism Department has necessarily to first obtain permission of the government and only then, application seeking permission of this Court could possibly lie as would be made out from Direction No. 14 reproduced above. It is then urged that holding of so many functions spread over a period of almost one month would ruin the Ram Niwas Garden and the Albert Hall. We have heard learned counsel representing the applicant and Mr. Anant Kasliwal, Advocate who appears for the petitioner in the original lis. Before we might proceed further and comment upon the objections raised by the petitioner in granting permission to the applicant, as sought for, we would like to mention that Dusshera and Diwali are indeed the biggest and most important festivals for the Hindus. These two festivals are indeed celebrated in the country with great zeal and with all its fanfare. It is also not in dispute that whole State of Rajasthan is full of history. There are hundreds of forts, places, Havelis and other buildings and monuments which attract the tourists not only from the country but also from all over the world. The government, because of healthy inflow of tourists, particularly from outside the country, earn a lot of money. Tourism is also a source of employment of the number of persons in the State. There is no denying the fact as well that Dusshera and Diwali which are celebrated with great fervour and enthusiasm attract number of persons. Festivals in connection with Dusshera and Diwali are thus a matter of common interest to a very large section of the populous in the country. These festivals and celebrations connected with the same cannot be stopped.
(3.) THE question that however, arises is as to whether the Court should grant permission for the festive activities chalked upon by the Government at Ram Niwas Garden and Albert Hall in view of the two fold objections raised by the petitioner, as noted above. We are of the considered view that Direction No. 14 reproduced above, would not apply if the Government has itself to hold or organise any function in the Ram Niwas Garden or Albert Hall. In the context of directions that have been given, it is rather apparent that no government permission would be required to use the Ram Niwas Garden and Albert Hall if the function is to be organised by the government itself. What we have stated above, would be clear from the fact that if the Government itself decides to hold a function in the Ramniwas Garden or Albert Hall, it will not seek permission from itself. In other words, when the government decides to organise/hold a function, its permission to do so is inherently involved into it. That apart, all that can be spelled out from Direction No. 14 mentioned above, is that if the State Government is to permit any cultural or educational activity, which may include, for the sake of arguments, Department of Government as well, all that it has to do is to provide for special budget to the garden authorities for repair and damage, if per chance done. Direction contained in Item No. 14 can well be taken care of if the Court might direct that the State Government would repair any damage to the Ram Niwas Garden and/or Albert Hall that may be done per chance in organising the function, as mentioned above. We find from the records of the case that on a number of occasions this Court had granted permission. On 17. 3. 2005 a Division Bench of this Court granted permission to hold functions to Tourism Department itself. This order was passed on Application Nos. 6100 dated 1. 3. 2005 and No. 6664 dated 10. 3. 2005. ;