The Rajasthan High Court recently dismissed a PIL filed against order dated February 8, 2021 issued by the District Collector, Jalore as well as further proceedings being initiated for allotment of land of Village Balaji Ka Dhani for solid waste management to Municipality, Sanchore may kindly be quashed and set aside.
The PIL filed by Lalit Choudhary and four other further seeks directions that in case the nature of land in question has been changed in pursuance of the impugned order dated 08.02.2021, the respondents revenue authorities do the necessary correction in the revenue record and the land in question may again be entered in revenue records as “Gochar” land.
The Division Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani while considering the PIL observed that the grievance of the petitioners was that the Collector has no jurisdiction to allot the pasture land and to compensate the same from the land of another village.
The Executive Officer of Municipality Sanchore has taken a pertinent plea in the reply that the Stated Government has allotted the land to the Municipal Board, Sanchore for establishment of a solid waste management plant which is a public purpose.
It is pleaded that Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 has been amended by Notification dated 03.11.2020 and new provisions have been inserted whereby, the Collectors have been given powers to set apart the pasture land for allotment and that prior permission of the State Government is not required for exercising such powers.
“7. Allotment or setting apart of the pasture land.- (1) The Collector may, in consultation with the Panchayat, (after obtaining prior permission of the State Government,) change the classification of any pasture land, as defined in sub-section 928) of Section 5 of the Act or any pasture land set-apart under Section 92 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), as unoccupied culturable Government land (Sawai Chak), for allotment of agricultural or any non-agricultural purposes: 10{Provided that prior permission of the State Government is not required for change of classification of pasture land where such land is proposed to allot for the purpose of the Government Office or Government Building, […]} (10 Amended by Notification dated 03.11.2020)
Attention of the High Court is also drawn to the following proviso to Rule 7(2) of the Rules of 1955 as amended by notifications dated 04.10.2018 and 29.06.2020:- “(2) Where classification of any pasture land is changed under sub-rule (1), the Collector may set-apart an equal area of unoccupied culturable Government land, if available, as pasture land {in the same Village or nearby village within the same Panchayat}
13{Provided that where land is required for infrastructure projects viz air strip, irrigation schemes, Water Supply Schemes, government buildings, government offices, shamshan, kabristan, gaushala, rehabilitation purpose, Industrial Development Authorities/Companies set up by the State Government, Krishi Upaj mandis, Rajasthan State Warehouse Corporation, National Highways, State Highways, major District Roads and for laying Railway Lines and unoccupied culturable government land is not available in the same village or nearby village within the same Panchayat and the necessity is absolute necessity and absence of alternative means is proved, the equal are of unoccupied culturable land may be set apart in the nearby village of adjoining Panchayat. If land is not available in the adjoining Panchayat for such purpose, it may be set apart, in exceptional cases, from the other Panchayat of the District with the prior approval of the State Government} (13. Added and amended by Notification dated 04-10-18 & 29-06-20”)
Having heard and considered the submissions advanced by the counsel for the parties and after going through the material available on record, the Court does not find any illegality in the impugned action which has been taken strictly in accordance with the amended provisions of the Rules of 1955. Hence, the High Court dismissed the PIL.