High CourtsDivision Bench(2022) 03 RAJ CK 0127

Prakash Chand Gupta vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 28 March 2022

HON’BLE JUDGES
Manindra Mohan Shrivastava, J · Sameer Jain, J
RESULT
Disposed Of
CASE NUMBER
D.B. Civil Writ Petition (PIL) No.4360/2022

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Judgment

7 paragraphs · 233 words

Heard.

This Public Interest Litigation has been filed by the petitioner seeking invocation jurisdiction of the court against the action of the respondents in inviting bid for construction of a community hall and stilt parking area.

According to the petitioner, the entire area was earlier being used as a parking space and if the community hall is also constructed in the area, notwithstanding development of stilt parking, there may be serious difficulty of parking in the area.

It has also been stated that if the local body intends to develop a community hall, it can use other alternatives in the area.

It is not a case, even according to the petitioner’s own showing that the parking facility has been completely removed. What we find from the auction notice is that for the development of the area, a community hall is proposed to be constructed and at the same time stilt parking area is also proposed. The sufficiency or otherwise of the parking space cannot be gone into the PIL.

Even then we are inclined to allow the petitioner to represent the concerned authorities, who shall examine the petitioner’s representation and consider the same on its own merits, taking into consideration the needs of the parking, development of the community hall and other kind of development activities. The respondents shall consider the representation already filed by the petitioner.

The writ petition is disposed off.