Dismissed

Kishan Lal Dhakar v. State of Rajasthan through Principal Secretary Department of Environment and Climate Change

NGT3 Dec 2025Original Application No. 169/2025

Case brief

AI extract

What is this about?

The Applicant filed an original application challenging a revenue order regarding alleged encroachment on agricultural land by seeking quashing, protection, and tree-maintenance directions. The Tribunal held the petition converted a revenue matter into an environment case and dismissed the application at the admission stage as the correct remedy is a statutory appeal.

What did the court decide?

The present Original Application was dismissed at the admission stage with a direction to approach the appellate authority for setting aside the revenue order.

Kishan Lal Dhakar vs State of Rajasthan through Principal… — Land Acquisition | NGT (2025)

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Item No.03

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.169/2025(CZ)

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Kishan Lal Dhakar Applicant(s)

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Vs.

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State of Rajasthan & Ors. Respondent(s) Date of Hearing: 03.12.2025

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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For Applicant (s): Mr. Rajaram Gargama, Adv.

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ORDER

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The Applicant has filed the present Original Application with the following prayers:-

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1. That is, Allow the present Original Application filed by the Applicant;

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2. Set aside and quash the order dated 09.06.2025 passed by the Sub-Tehsildar, Kanera, in Case No. 04/2025 and set aside and quash the order dated 08.10.2025 passed by the District Collector, Chittorgarh, in Case No. 013/202.

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3. That is, Issue appropriate directions to respondents for protect and prevent any unauthorized non-agricultural use or construction on the agriculture land of Khasra No. 521, Village Kanera, Tehsil Nimbahera, District Chittorgarh, Rajasthan.

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4. That is, prevent any unauthorized non-agricultural use or construction on the land

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5. That is, direct the Respondents to maintain the status quo on the said land and not to commence or continue any activity that may alter the nature, ecological character, or environmental integrity of the land. Further, it is submitted that instead of Khasra No. 521, the following parcels of barren land Khasra Nos. 625/254, 334, 875,

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O.A. No.169/2025(CZ) Kishan Lal Dhakar Vs. State of Rajasthan & Ors.

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351, and 259-which remain unused and are under the ownership of the State of Rajasthan, should be duly surveyed, and necessary orders may be issued for the construction of the Government College building at the new village of Kanera, which is located nearby and accessible from Kanera.

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6. That is, direct the Respondents to vest the Applicant with the responsibility of protecting and maintaining the trees planted by the Applicant, including all the produce, fruits, or yields derived therefrom, until further orders of this Hon'ble Tribunal.

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7. That is, direct an independent inspection and State Environment Impact Assessment Authority (SEIAA) of the said land by the concerned authorities or by a Local Commissioner appointed by this Hon'ble Tribunal, to ascertain the ecological, environmental, and legal status of the land.

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8. That is, pass such other and further orders as this Hon'ble Tribunal may deem fit, just, and proper, in the facts and circumstances of the present case, in the interest of justice, equity, and environmental protection.”

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In this case, the prayer no.2 states that this Tribunal may quash the order dated 09.06.2025, annexed at page 73 of the paper book, passed by the Tehsildar-Kanera, in Case No.04/2025 under Section 91 of the Rajasthan Land Revenue Act, 1956, Patwari Halka – Kanera, Tehsil Nimbahera, Zila Chittaurgarh Vs. Shri Kishanlal S/o Ramlal. The issue involved in that case was that Patwari of Kanera had submitted a report dated 18.03.2025 stating therein that the Government Degree College was to be built on the land allotted and which was identified as Khasra No.521, area 7.4900 hectares, out of which, over the area 0.2400 hectares was encircled by raising a small boundary wall of bricks upto the height of 4 to 5 feet and in that Guava and other trees were planted illegally by one Shri Kishanlal by encroaching upon it. Therefore, an order was sought to remove the said encroachment which was directed to be removed by the said order of the Tehsildar.

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O.A. No.169/2025(CZ) Kishan Lal Dhakar Vs. State of Rajasthan & Ors.

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It is this order which is assailed before us. We make it clear that the said order cannot be assailed before this Tribunal as appellate court needs to be approached by the Applicant for getting the said order set aside.

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We find from the pleadings that the Applicant has tried to make out a case of environment out of a revenue matter which is not permissible. Therefore, we dismiss the present Original Application at the admission stage itself.

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Dinesh Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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03^rd December, 2025, Original Application No.169/2025(CZ) AK

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O.A. No.169/2025(CZ) Kishan Lal Dhakar Vs. State of Rajasthan & Ors.

Kishan Lal Dhakar v. State of Rajasthan through Principal Secretary Department of Environment and Climate Change

Case brief

What is this about?

What did the court decide?

Kishan Lal Dhakar v. State of Rajasthan through Principal Secretary Department of Environment and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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