1 D.B.Civil Writ Petition No.9436/2007 (PIL) Major General (Retd.) S.N.Srivastav & ors. V/s The State of Rajasthan & ors. 11.11.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Raghuvendra S.Rathore Mr.Vimal Choudhay for the petitioners. Mr.J.M.Saxena ) Mr.Bharat Vyas ) Mr.Samit Vishnoi )-for the respondents. This public interest litigation has been filed by three petitioners, out of which, two resides at Vivekanand Marg, Jaipur. The reliefs sought in the petition are as follows:- (i)to issue a writ or order in the nature of mandamus and thereby declare that provisions contended under regulation No.4, 5 and 6 of the JDA (Building) Regulation, 2000 are ultra virus being inconsistent thereto; and (ii)to issue a writ of prohibition to the non- petitioner No.3 prohibiting from exercising of jurisdiction and power contrary to the JDA Act; and (iii)to issue a writ or order/direction in the nature of mandamus commanding the non- petitioners to act in accordance with the provisions contended under the JDA Act in conformity of the existing laws while permitting construction of buildings in Scheme 'C'; and (iv)to issue a writ in the nature of mandamus or any equally efficacious order/direction commanding the non-petitioners to investigate about the lapses in performance of statutory duties regarding prevention of misdeeds/offences detailed in the writ petition; and (v)to declare that the governance of the non- petitioners are not carried on in accordance with the provisions of the Constitution and laws made thereunder; and (vi)to direct the non-petitioners for preparation of the Traffic Master Plan of Jaipur under clause (m) of Section 16 of the JDA Act in accordance with the procedure prescribed therein for the purposes; and 2 (vii)to grant any other relief which may be deemed just and necessary to serve the public interest and public purposes on the grounds of equity, justice and good conscience.” A look to the petition shows that this PIL application has been primarily filed raising grievances in respect of digging etc., which is taking place at Vivekanand Marg, C-Scheme, Jaipur. The learned counsel for the respondent no.3- Municipal Corporation, Jaipur has submitted that so far as the digging work is concerned, that has already been stopped. He further submits that notices under law have been given to the persons concerned residing at Vivekanand Marg, where-ever it is found that there has been prima facie breach of relevant rules and/or regulations. The aforesaid prayers made by the petitioners include a prayer with regard to issuance of mandamus to declare the provisions contained in JDA (Building) Regulation, 2000 as ultra vires. In our view, such relief could be more appropriately taken up by the petitioners in regular proceedings by way of writ petition so as to challenge the vires of the Regulation of 2000 and not by way of this public interest litigation. Apart from it, this public interest litigation has been filed making general and vague averments so as to include subject matters not only mentioned above, but many more. Such grievances, if any, ought to have been raised by the petitioners by specifying the same and also by identifying the persons, who are responsible for the same. It is also noteworthy that in the instant case, relief is sought with regard to construction of 3 building in C-Scheme, but it has neither been specified in the writ petition as to which of the building has been constructed in violation of the Rules/Regulations nor owners of such building/land have been identified, much less to say, have been made party to this writ petition. In view of the above, we are of the considered opinion that the grievances, which are sought to be raised by the petitioners, should be taken up specifically before the authorities concerned. So far as the challenge to the vires of Regulation of 2000 is concerned, the petitioners may file regular writ petition in individual capacity before the appropriate Bench. Consequently, this public interest litigation is disposed of, with the aforesaid observations. (Raghuvendra S.Rathore)J. (Narayan Roy)C.J. Parmar