1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. 1.D.B. CIVIL WRIT PETITION (PIL) NO.4321/2013 Suo moto V/s District Education Officer,Jodhpur & ors. 2.D.B. CIVIL WRIT PETITION (PIL) NO.5390/2014 Suo moto V/s Jai Narayan Vyas University,Jodhpur & ors. Date of Order::- 07.8.2014 HON’BLE ACTING CHIEF JUSTICE SUNIL AMBWANI HON’BLE MR.JUSTICE VIJAY BISHNOI Mr.Sunil K.Panwar, A.C.P. (East) present-in-person. Dr.H.P. Gaur, Estate Officer, O.I.C., present-in-person. Mr.Siddarth Charan, Law Officer, Municipal Corp., Jodhpur present-in-person. Mrs.Gajra Choudhary, D.E.O. (Sec.), Jodhpur present-in- person. Mr.Shabbir Hussain, Incharge, Gaushala Maidan present-in- person. ORDER
BY THE COURT (Per Hon'ble Sunil Ambwani,Actg.CJ.) 1. The D.B.Civil Writ Petition (PIL) No.4321 of 2013, was registered on a reference made by a learned Single Judge of this Court on 22.4.2013, on a news item in Rajasthan Patrika, Jodhpur Edition dated 22.4.2013, (page-9), concerning the plight of the sports complex at Jodhpur known as “Gaushala Maidan”.. The learned Single Judge felt 2 it necessary to exercise suo-moto powers under section 482 Cr.P.C. for directing the registration of a criminal case against the responsible persons, on the basis of the news item, which reported that for last three days', the sports persons practicing the game of cricket in the Gaushala Maidan are unable to play in the field as the entire playground is littered with waste left over by the organizers of marriage ceremonies in the Gaushala Maidan. The news item displayed a photograph of broken wall of the old campus between University and the sports complex viz. Gaushala Maidan. The learned Single Judge observed that the ground, which appears to be basically a playground housing various sporting facilities, was given on rent for a wedding reception. The organizers are reported to have broken the wall without any permission and left the food items to rot in the field. He further observed that the ground is under the control of the District Education Officer, Jodhpur, who seems to have acted with total apathy in this regard. The Engineer of the Jai Narayan Vyas University, Jodhpur is reported to have shown ignorance about the damage caused to the boundary wall. Their act also appears to be an offence under section 3 of the P.D.P.P. Act, which is a cognizable and non-bailable offence and various other offences. The S.H.O., Police Station, Udaimandir was directed to forthwith register a first information report and 3 conduct expeditious investigation. The matter was also directed to be investigated with report to the Court on 27.4.2013. The matter was also directed to be placed before Hon'ble the Chief Justice for further directions.
2. The Hon'ble Chief Justice in terms of Rule 385-Q of the Rules of the High Court of Judicature for Rajasthan, 1952 directed the matter to be treated as PIL and be listed before a Division Bench as per the roster.
3. The Division Bench took cognizance and proceeded with the hearing of the matter. It was found that a particular parcel of land admeasuring 35 bighas comprised in khasra no.369 of revenue village Jodhpur was set apart for the purpose of the Education Department. The entire set apart land was given in the charge of the District Education Officer (Secondary Education) Jodhpur by the order dated 23.10.2001. A Society in the name of “Gaushala Maidan Krida Avam Vikas Samiti, Jodhpur”. was registered on 19.2.2003. A meeting of the Society was held in the Chairmanship of the Collector, Jodhpur on 4.7.2006. In the said meeting, apart from taking various other decisions as regards the composition of the General Body of the Society, charging of fees from the persons using the land for the purposes of sports or for the purposes of walking/jogging and also for charging of the fees from the schools organizing sports activities, a decision was also taken that 4 the vacant piece of land may be given for marriages and other ceremonial purposes until preparation of the ground for playing hockey, and construction of a indoor stadium. The Committee fixed Rs.5000/- per day as charges for giving the vacant piece of land for marriage and other ceremonial purposes.
4. The Division Bench found that the construction work of requisite stadia for hockey and indoor games has not started as yet. The boundary wall between the old campus of the University and the Gaushala Maidan was removed for parking of the vehicles for various ceremonies. The Division Bench directed the wall to be reconstructed by the licensees concerned and issued a mandamus directing the land set apart for the purposes of Education Department, to be used only for education and related co-curricular activities and it shall not be let out in any manner for any private ceremonial purposes including marriages. The Division Bench, however, in the interest of justice directed that if any advance booking for use of Gaushala Maidan has been permitted by the Society, such permission shall not be cancelled, but use of the ground only as regards such permission already granted, may be permitted with specific condition of maintaining its cleanliness and for abiding by any other condition, as may be imposed by this Court. The Collector was directed to place on record the names, 5 particulars and details of all persons to whom the permission has been granted and what amount has been charged towards advance booking.
5. The Division Bench, thereafter, monitoring the directions issued by it passed various orders including the orders dated 28th May, 2013, 18th July, 2013, 9th November, 2013, 23rd November, 2013, 6th January, 2014, 15th January, 2014, 10th February, 2014, 28th April, 2014 and thereafter, passed an order dated 28th May, 2014 in which detailed directions were issued with regard to the maintenance of cleanliness in the Gaushala Maidan and for permission of parking of the vehicles inside the northern gate upto the existing barricade, to be regulated by the Supervisor through the available staff including the guards.
6. The Division Bench also directed on the report submitted by the District Collector, Jodhpur that the Government may submit its response regarding the grants to be given to the Society which may compensate it for the loss of income from the organizers of the marriage and other ceremonies and the rent of the building received from National Institute of Fashion and Designing for running hostel, which was to be vacated by the Institute.
7. In the order dated 28.5.2014 after reiterating the directions with regard to the maintenance of the Gaushala Maidan and the parking facilities and noticing that various 6 issues have been raised relating to the maintenance of the campus of JNV University which adjoins Gaushala Maidan, the Division Bench observed that such issues have cropped up because the facts were noticed at the initial stage that the boundary wall bifurcating Gaushala Maidan and University campus was broken for the purpose of use of Gaushala Maidan for marriage purposes. The Court expressed its concern on a final report submitted in the criminal case relating to the offence of breaking the boundary wall and its acceptance by the concerned Magistrate. The file of the criminal case accepting FR was requisitioned and attached to the record of the writ petition (PIL). A direction was issued that a separate PIL be registered with reference to the orders passed in this petition relating to the premises/property of the University in which JNV University will be arrayed as a party respondent no.1.
8. The District Collector, Jodhpur has submitted a detailed report on 8.7.2014 with regard to the development of the Gaushala Maidan as a sports complex. He has reported that at present the sports facilities in the “Gaushala Maidan”. include, (1) a football ground (grass); (2) a 400 meter track (8 lane); (3) indoor stadium (3 badminton court, 2 squash court & wooden floor); (4) basket ball court (2); (5) swimming pool 25x13 meter; (6) 7 tennis court (synthetic-2); (7) skating ground; (8) cricket net practice (4 block); (9) judo; (10) karate; (11) gymnastic; (12) a volleyball court; (13) a gymnasium; (14) eastern pavilion; (15) western pavilion; (16) multi- purpose sports ground in which the grass is to be planted; (17) a walk way-500 meter with sand and tiles; and (18) a walk way- 333 meter with concrete. He reported that 35 bighas of land known as “Gaushala Maidan”. is under the management of the District Education Officer (Secondary), Jodhpur and is being used as sports/playground by various schools, who had initially provided financial support for the facilities in the complex. The Society is a self-finance institution with the grants/donation/help/fees as its principal source of income. The executive body of the institution includes the District Level Officers, local Member of Parliament, Members of Legislative Assembly, Mayor and Councillors, who have contributed substantially for various sports facilities in the complex.
9. The District Collector reported that in the year 2011- 12, Rs.28,80,318; in the year 2012-13, Rs.13,49,294; and in the year 2013-14, Rs.24,25,729 were spent by the Society on the maintenance of the sports facilities in the complex, of which details have been given in his report. The Society was primarily funded for running the complex by giving the portion of the premises for marriage functions 8 and by giving the building of the Society on rent for hostel of the National Institute of Fashion & Technology. With the directions issued by the Division Bench of this Court on 9.5.2014, the Society is likely to face financial difficulty which will affect its future plans of establishing of multi purpose ground, multi-storey indoor hall, flood lights, meeting hall, modernization of gym, athlete track & swimming pool, installing of new filter plant for swimming pool, covering the swimming pool, primary health chamber, meeting hall, parking, skating, development of play area for children and reconstruction of football ground in accordance with the international standards and for which the Society will require capital expenses of Rs.1917.50 lacs. A work plan has been prepared by the District Magistrate, Jodhpur to be submitted to the State Government.
10. The amicus curiae and the Court Commissioner have not appeared despite the fact that the matter has been listed for which they had sufficient notice.
11. After hearing the officers present in the Court and perusing the records including the reports submitted by the District Collector, Jodhpur as well as the observations of the Court and considering the spot inspection report of the amicus curiae and the Court Commissioner, we are of the view that this public interest litigation initiated on a reference made by the learned Single Judge has received 9 consideration of the Court, of the cause for which the reference was made. The Court has issued directions, in pursuance of which, the boundary wall has been restored and that orders have been issued restraining the respondents from letting out any portion of the Gaushala Maidan for commercial purposes. A complete ban has been placed on the organization of marriage functions and other ceremonies, which causes issues of cleanliness and the health hazards to the sportsmen and children using the sports facilities in the sports complex. The directions restraining the respondents from letting out any portion of the Gaushala Maidan managed by the Society have been accepted by the respondents without any demur except that the orders may result into financial crunch to the Society in managing, running and maintaining the sports facilities in the complex.
12. A perusal of the affidavit filed on behalf of the University shows that it is taking sufficient interest in maintaining its properties including the boundary wall and thus, we do not find it appropriate to proceed further in a fresh matter, namely, D.B.Civil Writ Petition (PIL) No.5390/2014 registered in pursuance of the directions issued in this matter on 28th May, 2014, expanding the scope of enquiry beyond the reference on which the cause was registered. 10 13. We are of the view that indiscriminate use and utilization of the Gaushala Maidan for commercial activities had created a distressful situation in which this Court had intervened. With the directions issued by this Court, which include repairing of the boundary wall and a mandamus not to let out any of the property or any part of the Society for commercial activities, the object of making reference by the learned Single Judge arising out of the news item in Rajasthan Patrika Jodhpur Edition dated 22.4.2013 has been sufficiently served.
14. We do not find any purpose in monitoring the matter any further and to review the acceptance of the final report by the concerned Court in pursuance of the first information report dated 26.4.2013. The FR has been accepted by the Court. If any person is aggrieved by the acceptance of the FR, he may file a protest petition, which may be considered by the concerned Court, in accordance with the law.
15. We however find that with the loss of income to the Society which it was getting from the commercial use of its properties, the Society may be as submitted by the District Collector in his report put to financial difficulties in upgrading and maintaining facilities of sports and games for the students, schools, colleges and the sports persons in Jodhpur. In the circumstances, we direct the State 11 Government to consider the report of the District Collector, Jodhpur dated 8.7.2014 for giving both budgetary grant and grant for recurring expenses for maintenance of the sports facilities provided by the School Education Department of the State of Rajasthan in the “Gaushala Maidan”. at Jodhpur. The District Collector, Jodhpur has already forwarded his report dated 8.7.2014 with a request to the Secretary, School Education Department, Government of Rajasthan, Jaipur for providing necessary funds. We are hopeful that considering its policy of encouraging sports and the activities for development of physical and mental health of the children, the State Government will provide the necessary financial support to the Society.
16. A writ petition registered as “Public Interest Litigation”. for serving a public cause may not be unnecessarily kept pending, nor it is appropriate to expand the scope of “Public Interest Litigation”. and to enter into the matters, for which sufficient facts and details are not available. The courts have expanded the scope of Article 226 of the Constitution of India to entertain public causes for which the executive has either failed or neglected to perform its duties or to the unattended social or environmental and human rights issues. The courts, however, even in a suo moto action do not ordinarily enter into an unchartered arena for which it has neither received any representation nor anyone has 12 pointed out the public cause to be espoused for judicial remedies. The directions issued by Supreme Court in para 198 of the landmark judgment rendered in State of Uttaranchal Vs. Balwant Singh Chaufal and others, (2010) 3 SCC402 resulting into insertion of Chapter XXII-A Public Interest Litigation (PIL) Generally (Rules 385- A to 385-I) in the Rules of the High Court of Judicature for Rajasthan, 1952 vide notification dated 30.04.2010, in principle will be applicable to the PIL registered on Suo- moto action also, except for verifying the credentials of the petitioner.
17. The directions given by the Division Bench of this Court in its various orders restraining the respondents in allowing use of Gaushala Maidan for marriage or other ceremonies and any commercial activity or for any activity other than educational and other co-curricular activity and for parking, as detailed above, and the directions given today for providing budgetary grant for capital costs and for recurring grant for maintenance of the sports complex will be carried out by the District Collector, Jodhpur and State Government, without any delay. The District Collector, Jodhpur will ensure that all requisite facilities including the sports equipments and more particularly, the Instructors are provided either by requisitioning them on deputation from the Education Department or Sports Council, to 13 facilitate the development of sports and games and sports events organized in Gaushala Maidan. The District Collector, Jodhpur will comply with the directions issued by this Court and forward a copy of this order to the concerned department of the State Government for its compliance alongwith his report dated 8.7.2014.
18. Both the PIL petitions are accordingly disposed of. The file relating to the acceptance of the Final Report in the criminal case, summoned by this Court will be remitted by the Registry to the concerned Court within a week.
19. Liberty is given to any public spirited person eligible under the Rules of the Court to approach the Court, for non- compliance of the directions issued by the High Court. (VIJAY BISHNOI), J.
(SUNIL AMBWANI), Actg.CJ.
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