The Rajasthan High Court has dismissed a Public Interest Litigation (PIL) challenging an amendment to Master Plan-2023 of Bikaner City.
The petition, filed by Murli Manohar Gochar Sanrakshan Samiti and others, sought to quash the notification dated September 22, 2020, inviting objections to the proposed land use change in the periphery control belt.
The notification proposed to include the land between the existing and proposed railway line bypass alignments in the urban area and change its land use to mixed purposes.
The petitioners argued that this change was contrary to the settled position of law.
The court, comprising Justice Shree Chandrashekhar and Justice Rekha Borana, held that the petition had become infructuous due to three reasons:
– The subsequent notification dated February 16, 2022, recommending the proposed land use and bringing the Master Plan-2023 into effect, superseded the impugned notification.
– The petition did not challenge the February 16, 2022, notification.
– Interim orders allowed the railway bypass construction to proceed, rendering the subject matter of the petition moot.
The court dismissed the PIL petition, deeming it infructuous. The stay petition and pending applications were also disposed of by the High Court.