Vineet Kothari, J. - (1.) THIS first appeal is arising out of the judgment and decree dated 10.09.2008 passed by the learned Additional District Judge (Fast Track) No. 2, Udaipur in Civil Original Suit No. 29/2006 "Rajendra Kumar & Ors. Vs. State of Rajasthan & Ors." by which, the learned Additional District Judge (Fast Track) No. 2, Udaipur had dismissed the suit filed by the present appellants -plaintiffs -Rajendra Kumar & Ors. seeking injunction against the defendants -UIT, Udaipur in relation to the dispute of brick kilns of the plaintiffs -appellants which were sought to be shifted by the respondent -defendant -UIT, Udaipur out of city municipal limits.
(2.) THE present first appeal has been filed by the plaintiffs industry aggrieved by the refusal of the injunction by the learned Trial Court by the order dated 10.09.2008 and rejection of their suit seeking injunction against the defendants -UIT, Udaipur not to interfere in their working of brick kilns. The suit (No. 29/2006) filed by the plaintiffs on 26.11.2005 in the Court of Additional District Judge (Fast Track) No. 2, Udaipur with the averments that the plaintiffs have their brick kilna at village Kanpur, Gram Bhoiyon Ki Pancholi, Gram Eklingpura, Gram Dangion Ki Pancholi and Gram Debari which were 10 to 13 kms. away from the municipal limits of Udaipur City. It was further averred by the plaintiffs in the plaint that because of pollution created by the brick kilns situated within the city of Udaipur, two residents of that locality namely, Dr. Jagdish Parsad Sharma and Shri Shoubhag Singh filed Public Interest Litigation raising their grievance against the brick kilns run within the city of Udaipur. The Division Bench of this Court in its PIL jurisdiction in D.B. Civil Writ Petition No. 3242/1998: Dr. Jagdish Prasad Sharma & Anr. Vs. State of Rajasthan & Ors. passed an order on 25.08.2003 and directed the respondents -State of Rajasthan & Ors. to shift the brick kilns situated and run within the city of Udaipur out of the city municipal limits. The said order dated 25.08.2003 is quoted herein below for ready reference: - "In the instant public interest litigation, the grievance raised by the petitioner is that the existence of brick -kilns in the city of Udaipur particularly, in the Sikh Colony and Guru Nanakpura is adversely effecting the health of the inhabitants of the city because of the smoke pollution and noxious smell/gases spread by the said brick -kilns. This Court by order dated 23.1.2002 directed the U.I.T., Udaipur to prepare a scheme for shifting of brick -kilns out of the city of Udaipur. Accordingly, the report was submitted whereby the brick -kilns are proposed to be shifted 13 kms. away from the city of Udaipur. However, it was submitted that the city of Udaipur is likely to be expanded by 10 kms. towards the proposed site of the brick -kilns by the year 2022. Thus, this Court by order dated 23.1.2002 directed to prepare a fresh scheme. Today, affidavit has been filed by Mr. Rajendra Singh Shekhawat, ADM, City Udaipur stated that the gochar land of village Odwadia, Tehsil Mavli, District Udaipur has been considered a suitable site for shifting of brick -kilns of the Udaipur city. The Government has sanctioned theland vide Annexure -R/3 dated 23.8.2003, a land has been allotted vide Annexure -R/4 dated 23.8.2003. In view of the aforesaid, the U.I.T., Udaipur is directed to shift all the brick -kilns within the city of Udaipur to the said site within a period of four months. It is submitted by Mr. Lalit Kawadia, learned counsel appearing for U.I.T., Udaipur that some owners of brick -kilns have obtained interim orders from different civil courts. It will be open for the U.I.T., Udaipur to approach the concerned Courts for vacation of the injunction order in view of the order passed by this Court. The present suit (No. 29/2006) has been filed by the plaintiffs only after the aforesaid directions of this Court dated 25.08.2003 in the above -said PIL Petition No. 3242/1998. The plaintiffs were the owners of the brick -kilns situated 10 kms. from the municipal limits of Udaipur city and the plaintiffs claimed that their brick -kilns were not affected by the order dated 25.08.2003 passed by this Court in PIL Petition No. 3242/1998. The plaintiffs claimed (i) that the brickkilns of the plaintiffs were not situated within the city limits of Udaipur; and (ii) that they were governed by the Rajasthan Land -Revenue (Conversion of agricultural land for non -agricultural purposes in rural areas) Rules, 2007 (for short 'the Rules of 2007') framed under the Rajasthan Land Revenue Act, 1956 and as per clause (6) of the Rules of 2007, the small industry which is established on plot of land less than 2500 square mtrs. were not required to apply for conversion of land use and the land will remain in their khatedari. The plaintiffs claimed that since their brick -kilns were established on an area less than 2500 square mtrs. and further they were not required to apply for land conversion and since their brick -kilns were not situated within the city limits of Udaipur, therefore, the defendants namely, the State of Rajasthan and the Urban Improvement Trust, Udaipur were required to be injuncted not to interfere with their running of the brick -kilns over the said lands.
(3.) THE defendants led the evidence before the learned Trial Court and produced a Notification dated 26.04.1999 for establishing the fact that the aforesaid lands on which brick -kilns of the plaintiffs were situated, fell within the urban limits of Udaipur and, therefore, the said brick -kilns were required to be shifted out of the city limits of Udaipur in pursuance of the directions of the Division Bench issued in PIL Petition No. 3242/1998 quoted herein above.;