SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition is offshoot of the pending Public Interest Litigation popularly known as Mahendra Lodha's case (D. B. Civil Writ Petition No. 6073/93), wherein by order dated 20. 12. 2000 wide ranging directions were given to the State of Rajasthan and various local bodies in the matter of traffic management in the City of Jodhpur. Mr. Gajendra Singh Rathore learned counsel for the petitioner has invited our attention to Para 13 of the order to show that certain places were identified as places for parking the vehicles which includes an open area near Mohanpura Overbridge. Taking the clue from the order, petitioner seeks directions to restrain the respondents from installing any statute over the said site i. e. left side of the Mohanpura Overbridge. It is averred that Sojati Gate is the main centre of the Jodhpur City from the point of view of traffic movement as also the commercial activities. it is further averred that considering the large movement of the people a Sulabh Complex was developed adjacent to the police control room. THEre existed in the form of steps a way to the Sulabh Complex. However, the same has been blocked by a recent construction. It is submitted that the respondents have taken a decision to instal a statue of late Prime Minister Shri Rajiv Gandhi. For that purpose a Circle and a platform has been constructed. THE said construction has covered a sizable area provided for parking. It has also completely blocked the steps which led to Sulabh Complex.

(2.) THE allegations made in the writ petition have been controverted by filing two separate affidavits one of Shri Rajendra Mishra the Secretary, Urban Improvement Trust, Jodhpur and another by Shri Sukh Ram Choudhary, Assistant Engineer, Urban Improvement Trust, Jodhpur. A preliminary objection has been raised as to the bonafides of the instant petition under that label of Public Interest Litigation. Another preliminary objection is that the construction of the statue commenced about four months back and continued in open day light, however, the petition has been filed as late as on 11. 09. 2003 only when the programme of the visit of Mrs. Sonia Gandhi, the President of the Indian National Congress to Jodhpur appeared in the News Papers. THE statue of late Prime Minister Rajiv Gandhi is to be unveiled today i. e. on September 16, 2003 by the President of the Indian national Congress. Thus, there is a delay in filing the writ petition and the same deserves to be dismissed on this ground alone.

(3.) THUS, we conclude this order with the observation that while we are aware that people come to the court as a final resort to protect the rights and to secure privity in the public life, as such the courts exercising power under Article 226 of the constitution of India are constitutionally bound to entertain a petition filed by any interested person in the welfare of the people but it needs a caution that the balloon of the public interest litigation should not be inflated so much that it burst.