Rajasthan High Court - Jaipur
Pradeep Kumar Sharma Son Of Late Sh. Ram ... vs Municipal Corporation on 24 May, 2022
Bench: Manindra Mohan Shrivastava, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ (PIL) Petition No. 9882/2020
1. Pradeep Kumar Sharma Son of Late Sh. Ram Charan
Sharma, Resident of Shyam Sadan, C-171, Bajaj Nagar,
Jaipur (Mobile No. 9928848904)
2. Radha Krishan Sharma Son of Late Sh. Devi Prasad
Sharma, Resident of House No. 4502, Telipada, Patvo Ka
Rasta, Behind Masjid, Bapu Bazar, Jaipur. (Mobile No.
9414034356).
----Petitioners
Versus
1. Municipal Corporation, Jaipur through its Commissioner,
Lal Kothi, Tonk Road, Jaipur.
2. Deputy Commissioner, Municipal Corporation, Jaipur,
Sanganer Zone, Sanganer, Jaipur.
3. Station House Officer, Police Station Sanganer, Jaipur.
----Respondents
For Petitioners : Mr. Prem Shanker Sharma Advocate. HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN Order 24/05/2022 Petitioners, claiming to be pro bono publico, have filed this PIL petition for removal of obstruction on account of installation of statue of Shri Babasaheb Bhimrao Ramji Ambedkar.
Petitioners state that the statue has been installed by unknown persons and despite representations made, the same is not being removed, which is causing obstruction to access to the colony where the petitioners reside. It is further submitted that earlier petition was filed, which was disposed off with direction to consider the representation followed by contempt petition, but till (Downloaded on 31/05/2022 at 08:41:30 PM) (2 of 2) [CW-9882/2020] date, no concrete steps have been taken by Municipal Corporation, Jaipur, though a meeting was convened on 14.10.2019, copy of which has been placed on record as Annexure-12.
At the outset, we find that the petitioners have chosen only a particular spot in the city rather than coming out with general prayer for removal of installation of unauthorised statues in the city. Petition, therefore, appears to be only for personal interest, not for public interest.
We further find that after the orders were passed earlier, a meeting was convened by Municipal Corporation, Jaipur on 14.10.2019, but the issue has still remained pending without any concrete decision in that regard.
The Local Body concerned should decide the issue as soon as possible. The placement of the statue and free flow of the traffic both are matters, which can be looked into by the authorities and not by the Court.
In view of above, we direct the respondent-Municipal Corporation, Jaipur to examine the whole matter afresh after going through the material on record and take appropriate decision in accordance with law as early as possible.
With the aforesaid direction, this PIL petition is disposed off.
(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ MANOJ NARWANI /14 (Downloaded on 31/05/2022 at 08:41:30 PM) Powered by TCPDF (www.tcpdf.org)