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Judgment
Markandey Katju, C.J.—This writ appeal is filed against the order dated 29-4-2003 passed by the learned single Judge.
It appears that there was a public toilet on some Government land and since that toilet became dilapidated, the Appellant Municipality gave patta in respect of the said land to a private person, who is the first Respondent in this appeal. The first Respondent herein filed a writ petition in this Court for a direction that the public toilet be constructed on some other land and that writ petition was disposed of by the impugned order. In our opinion, since as on date the land in question is a private land and patta of the said land stands in the name of the first Respondent, the Appellant Municipality cannot construct a public toilet on such private land. However, it is for the Appellant Municipality to decide on which public land the public toilet should be constructed but this Court cannot direct that the public toilet should be constructed on a particular piece of public land or on any private land.
With these observations, the writ appeal is disposed off. Connected W.A.M.P. No. 28 of 2005 is closed.