Environment & Traffic Management In Jodhpur: Rajasthan High Court Halts Re-construction Of 50 Yrs Old Temple On Public Footpath

On noting that a new temple was being constructed on a public footpath, a Division Bench of Justice Sangeet Lodha and Justice Rameshwar Vyas fell one step short of instituting contempt proceedings against the concerned authority, after it was assured that the such construction will be stopped forthwith and the structure will be removed within 2 weeks.

The Court was hearing a contempt petition filed by one Ravi Lodha, for non-compliance of orders issued by a division bench of the high court to the State of Rajasthan, Municipal Corporation, Jodhpur and Indian Railways in 2007.

Thereby, the Court had specifically directed that Obstructions on roads in the form of poles, transformers, hoardings, cabins, installed some sort of structure to show place of worship of any religion, trees be shifted or removed.

In November 2019, while hearing the present contempt petition, the High Court reiterated that Jodhpur Development Authority and Municipal Corporation, Jodhpur shall take all necessary measures to remove the encroachments made on the footpath, pavements and public way, by way of putting stairs, ramps, cabins, hoardings or fencing etc. in Jodhpur city within a period of three months.

Rajasthan HC Issues Directions For Environment & Traffic Management In Jodhpur

Despite these directions, the Bench noted that a new temple is being constructed on the land forming part of the footpath adjacent to the road. After a site inspection, the Bench was informed that the new temple is being constructed in place of an existing temple which was constructed 50 years ago, which stands verified from the inscription on the beam of the demolished temple.

At this juncture, the Court made it clear that it does not matter whether the structure is being constructed at an old site since the same is on public land and the directions require the authorities to remove even existing structures.

"Indisputably, while issuing directions not to permit the new construction including the sort of structures showing the place of worship of any religion, the specific directions were issued by this Court to shift/ remove the existing structure.

Thus, assuming for the sake of arguments, that some structure alleged to be place of worship was existing at the site, the question of permitting any such fresh structure on the footpath, public way or any other public place, does not arise. It is not disputed before us that the alleged structure on the footpath is coming up without obtaining permission from the Municipal Corporation, Jodhpur," the Bench observed.

The matter is now listed for December 15, 2020 for further hearing in respect of compliance of various directions issued by the Court, disobedience whereof is alleged in the present contempt petition.

The Petitioner has alleged that there was willful disobedience of the 2007 directions, whereby as many as 18 directions were issued pertaining to maintenance of roads, control of traffic, development of parking spaces, relocation of hazardous industries, removal of illegal encroachments, plantation of trees, etc.

Allegedly, despite the aforesaid 18 directions,

1. The sewerage system in the city had failed;
2. Private buses were allowed to be parked in congested places of the city;
3. No action had been taken against the owners of residential and commercial complexes who were using parking places for shops/godowns and other commercial activities;
4. No Master Plan had been prepared for controling traffic in the city;
5. There was an enormous paucity of officers and staff in the Department of Traffic and resultantly, home guards were being deployed to control the traffic without even extending them proper training.

Interestingly, the 2007 directions had been passed by the high court in a plea filed by Lodha's father. These directions had also prompted the establishment of Jodhpur Development Authority.

Case Title: Ravi Lodha v. CS Rajan & Ors.

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