- (1.) WE have heard learned counsel appearing for the parties.
(2.) THE petitioners are the residents of Plot Nos. 76, 86, SP -1 and 94, Luv -Kush Nagar -I, Tonk Phatak, Jaipur. This writ petition has been filed by them purportedly in public interest, for the reliefs as follows: - - "a. Pleased to direct the respondents to develop the existing park shown by mark ABCD and in yellow colour in the enclosed map (annex -6) by constructing boundary wall, putting gate, installing a boring for water, growing trees, herbs, shrubs and also green -grass on the land of the park and do all the necessary things, which require for a developed park and as the respondents are already doing in other colonies while developing the public park. b. Pleased to direct the respondents not to allow any encroachment upon the park land (ABCD) as well as the reserve land for school shown by mark EFGH and in pink colour in the map annexure -6 and also not to allow dumping of the waste thereupon and further to keep the park as well as the vacant land reserve for school, neat and clean. c. Any other order or direction which this Hon'ble Court deems fit may also be passed in the facts and circumstances of the case in favour of the public at large and in public interest."
(3.) ON 23.02.2015, we had passed the following order: - - "Issue notice to the respondents. Steps will be taken within a week. The notices for the Jaipur Municipal Corporation and the Jaipur Development Authority, will be served upon the Counsels appearing for the Jaipur Municipal Corporation and the Jaipur Development Authority in the High Court, and for the State of Rajasthan in the Office of the Advocate General at High Court, Bench Jaipur. They will file their reply within four weeks. It is stated that the land reserved for the park and the school in the layout plan of the Colony, sanctioned by the JDA, is being repeatedly encroached. The area was firstly used as dumping ground for waste material, and thereafter the persons, namely Smt. Chandra Goyal, Lalu Ram, Gajanand, Bhonri Lal, Jagdish, Vishram Meena and Shri K.P. Meena, have repeatedly tried to make constructions over it. Smt. Shanti Devi also attempted to encroach upon the land, meant for facility area in Lavkush Nagar -I. As an interim measure, we direct the respondents to protect the area reserved for the park and the school in the sanctioned plan. The respondents are restrained from allowing any constructions, or to dump in the facility area of the Colony. List on 07.04.2015." Appearances have been put in by learned counsel appearing for the Municipal Council, Jaipur and the Jaipur Development Authority (JDA).;