The Rajasthan High Court has recently disposed of a PIL with the observation that the competent authority shall make due verification of the consent/willingness of the Khatedar concerned before approving the conversion of Land in terms of Sub Rule 9 of the Rajasthan Land Revenue (Conversion of Agricultural Land for Non Agricultural Purposes in Rural Areas) Rules, 2007.
The PIL has been filed by one Kalu Ram Meghwal praying for the following reliefs:-
a)That by an appropriate writ direction or order may kindly be issued and the respondents may kindly be directed that there is no necessity for change the land use under the provision of Rules of 2007, if the Khatedar Tenant may use or sub-let his Khatedari land for setting up the Solar Farm/Solar Plant/Solar Power Plant according to the Rules of 2007; and
b) That by an appropriate writ direction or order the respondents may kindly be directed that for registration of the lease of Sub letting the Khatedari land for purpose to set up the Solar Farm/Solar Plant/Solar Power Plant, there is no necessity of the conversion of land into non-agricultural purpose under Rules of 2007; and
c) But an appropriate writ order or direction, the respondent Registration Authority may kindly be directed that they not discriminate to the persons on the basis of Caste/category when any kind of the land is subletting for purpose to establish a Solar Farm/Solar Plant/Solar Power Plant, and not forced to the Schedule Caste category Khatedar for the conversion of the land into non-agricultural purpose under the Rule 2007 before registration of lease of sublet the land;
d) By an appropriate writ order or direction, may kindly be issued and the respondents may kindly be directed to accept the lease of subletting the Khatedari land of Schedule Caste/Scheduled Tribe category for purpose to set up Solar Farm/Solar Plant/Solar Power Plant, without any conversion of the Khatedari right into non-agricultural purpose;”
Moti Singh, the counsel representing the petitioner, contended that in the garb of setting up solar power plants on Khatedari lands of villages in Tehsil Bap, poor and uneducated Scheduled Caste land holders are being forced to convert their land.
He urged that the land of a Scheduled Caste person cannot be converted as the same is contrary to the provisions of the Rajasthan Tenancy Act and so also Rajasthan Land Revenue (Conversion of Agricultural Land for NonAgricultural Purposes in Rural Areas) Rules, 2007 (for short hereinafter referred to as “the Rules of 2007”).
Singh submitted that there is no legal sanction behind conversion of such Khatedari lands and the Khatedars who have voluntarily let out their land for the purpose of setting up of the solar power plants, are being forced to get their land converted by pressurizing them that if the conversion is not done, the lease deeds would not be executed. On these grounds, Moti Singh urged that the registration authority be restrained from converting the Khatedari lands of Scheduled Caste persons for non-agricultural purposes.
While considering the PIL, the Division Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani noted that the process of using the Khatedari lands in the revenue villages concerned for the purpose of setting up of solar farm/solar plant/solar power plant, wind farm/wind power plant is governed by Clause 6B of the Rules of 2007, which reads as below:
“6B. Use of Khatedari land for Solar Farm/Solar Plant/Solar Power Plant, Wind Farm/Wind Power Plant – Notwithstanding anything contained in these rules, a khatedar tenant may use or sublet his khatedari land for Solar Farm/Solar Plant/Solar Power Plant, Wind Farm/Wind Power Plant and no conversion shall be required for such use. The area, so used, shall remain in his khatedari but the khatedar tenant shall inform 30 days before such intended use of land or Tehsildar and the Rajasthan Renewable Energy Corporation in Form-E. The Tehsildar shall put a note in Jamabandi regarding such use of land after receiving such information which shall remain on record till such use: Provided that any person who holds or acquires land in the excess of ceiling area applicable to him with the prior permission of the State Government or authority appointed in this behalf under the Rajasthan Imposition of Ceiling on Agricultural holdings Act, 1973, may use such land for Solar Farm/Solar Plant/Solar Power Plant, Wind Farm/Wind Power Plant after obtaining the prior approval of the State Government: Provided further that if any khatedar tenant desires for conversion of agricultural land for Solar Farm/Solar Plant/Solar Power Plant, Wind Farm/Wind Power Plant he may submit an application complete in all respects in Form-A alongwith the documents prescribed therein and proof of deposit of conversion charges to the prescribed authority. On receipt of completed application the prescribed authority may issue conversion order in the manner prescribed in rule 9.”
The Court observed that it is clear from the second proviso of the said Rule that in case, the Khatedar tenant desires for conversion of agricultural land for any of the above purposes, he may submit an application, complete in all respects in Form-A alongwith the documents prescribed therein and the proof of deposit of conversion charges to the prescribed authority. On receipt of application compliant to rules, the prescribed authority may issue a conversion order in the manner as prescribed in Rule 9.
The Bench found the contention of Moti Singh that there is no provision in law which can permit such conversion, totally unsustainable since the Khatedars, who have offered their land for setting up of the solar plant, have voluntarily executed the lease deeds in favour of the companies who are proposing to set up the projects.
Moreover the legal provision reproduced supra, clearly provides for conversion of the agricultural land upon the application of the Khatedar concerned. Hence the allegation that the Khatedars are being coerced into executing conversion documents is totally conjectural and is not supported by any material whatsoever. There is no reason for the Court to believe that any of the Khatedars has been coerced in the manner alleged by the petitioner. Needless to say, that in the event of any element of coercion in conversion of the land in question being experienced, the Khatedar concerned would be the person to raise objection in this regard and such a grievance cannot be entertained on behalf of a third person, the Bench held.
“As a consequence of the above discussion, we find that there is no merit in the allegations set out by the petitioner in this Public Interest Litigation. Hence, the same is disposed of with an observation, that the competent authority shall make due verification of the consent/willingness of the Khatedar concerned before approving the conversion in terms of Sub Rule 9 of the Rules of 2007. The writ petition is disposed of in these terms,” the order reads.