J.S. Sidhu, J. - (1.) Purporting to be a public interest litigation this petition has been filed by what is described as Bhojpura Kachchi Basti Vikas Samiti Sankar Marg, Jaipur through its President Sitaram under article 226 of the Constitution against Jaipur Development Authority Jaipur (for short JDA) through its Secretary. State of Rajasthan through Secretary Education & District Education Officer (Girls) Jaipur for issue of a direction to the respondent Jaipur Development Authority not to remove/demolish the building of the Government Girls Primary School Navin Jyoti Nagar running in a part of the Bhojpura Kachchi Basti as shown in map annuexure 2 and not to dispossess the School from the open land adjacent to the School premises with a further direction to the respondent Jaipur Development Authority to regularise the School's possession of the aforementioned open land by allotting the same for construction of School premises. The case of the petitioner as set out in the petition is that the Bhojpura Kachchi Basti has about 600 families living in the Basti a majority of whom are from the Scheduled Castes and Scheduled Tribes below the poverty line and that the Government Girls Primary school is functioning in a room measuring 41'x90' since 1988 and since then the open land adjacent to the School is in position of the School and being used to hold prayer meetings, open air classes and as play ground but that now it was learnt that the Jaipur Development Authority wanted to construct shops/sell the land hence this petition.
(2.) The respondent Jaipur Development Authority has contested this petition. In its reply the JDA has asserted that the Kachchi Basti. which initially had a population of just 32 persons, had been raised by encroaching upon open land which had been acquired by the State Government for a public purpose (being part of the Lal Kothi Scheme) & vested in the respondent Jaipur Development Authority free from all encumbrances and thereafter further encroachments have been made thus the entire Basti consists of illegal squatters. According to the respondent Jaipur Development Authority the Primary School was being run in a tin shed but that as the open land adjacent to the School belonged to the Jaipur Development Authority no writ could be issued directing that this land be allotted to the School. The respondent JDA has explained that previously a writ petition No. 4200/97 Bhojpura Kachchi Basti Vikas Samiti v. Jaipur Development Authority was filed for regularisation of the Kachchi Basti. This writ petition was an attempt by certain vested interests to grab the Government land vesting in the Jaipur Development Authority. The respondent added that the Primary School, even according to the document produced by the petitioner, had not more than 35 students. The State of Rajasthan through Secretary Education and District Education Officer (Girls) Jaipur respondent No. 2 & 3 though served did not appear.
(3.) We have heard the learned counsel for the parties. Admittedly the Primary School in question in the Kachchi Basti is being run in just one room or tin shed. Further admittedly the land adjacent to the School belongs to the respondent Jaipur Development Authority. The said open land adjacent to the school is not part of the School premises and the Primary School has no right under the law to use this land for any purpose whatsoever. The Kachchi Basti itself consist of illegal squatters on Government land vesting in the Jaipur Development Authority. It is the admitted case of the parties before us at the time of hearing that the previous writ petition No 4200/97 filed by the petitioner Bhojpura Kachchi Vikas Samiti has since been dismissed in the year 1997. Clearly and obviously thereafter this petition in the garb of public interest litigation was filed no doubt at the behest of vested interests to perpetuate the illegal encroachments already made and to facilitate further illegal encroachments so far as the room/tin shed housing the Primary School is concerned the learned counsel for the respondent Jaipur Development Authority has submitted before us that the respondent Jaipur Development Authority had no intention whatsoever to demolish the said room or tin shed. So far as the land adjacent to the Primary School is concerned that land undeniably is of the Government vesting in the Jaipur Development Authority being part of the Lal Kothi Scheme and this writ petition for a direction to the respondent Jaipur Development Authority to allot the land for the purposes of the Primary School is wholly misconceived as no such direction can be issued. We are satisfied that no public interest is involved and this writ has been filed after the failure of the earlier writ petition at the behest of persons having vested interests bent upon grabbing the land adjacent to the Primary School. It must be borne in mind that the Basti is itself an encroachment on the Government land vesting in the JDA and consists of illegal squatters. This writ petition is a gross misuse of the process of Court. In this view of the matter the writ petition is dismissed with costs of Rs. 5,000/-. Petition Dismissed With Costs Of Rs. 5000/-.;