Public Interest Litigation by a Panchayat against alleged illegal encroachment by a Solar plant operator on Gochar land; the court disposed of the petition after reviewing a report stating no encroachment occurred.
Petition disposed of without further order. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B.CIVIL WRIT PETITION NO.9683/2011
DATE OF ORDER : 9/1/2013
HON'BLE THE CHIEF JUSTICE MR.AMITAVA ROY HON'BLE MR.JUSTICE P.K.LOHRA
Dr.P.S.Bhati, for the petitioner. Mr.Sandeep Bhandawat, Govt.Counsel. Mr.Manoj Bhandari, for respondent No.2. Mr.P.P.Chaudhary, Sr.Adv., assisted by Mr.Amit Dave, for respondent No.5.
In the present Public Interest Litigation, initiated by the Gram Panchayat Dugar, Panchayat Samiti Balesar, Distt. Jodhpur, through its Sarpanch, contending that the respondent No.5 on the basis of the allotment made in its favour by the Jodhpur Development Authority, hereinafter referred-to as "the Authority", has resorted to encroachments interalia on `Gochar' land, covered by the Khasra Nos.279, 280, 271 and 281, the following reliefs have been sought-for:
"A/ By an appropriate writ, order or direction, the respondents may kindly be directed to stop illegal encroachment/construction in the khasra No.279 gair mumkin goachar, khasra no.280 gair mumkin bhakar, khasra no.271 gair mumkin Tharada and khasra no.281 gair mumkin bala land at village Dugar, Panchayat Samiti Balesar, District Jodhpur.
B/ By an appropriate writ, order or direction, the respondents may kindly be directed to take action against the persons doing illegal encroachment/construction in the khasra no.279 gair mumkin goachar, khasra no.280 gair mumkin bhakar, khasra no.271 gair mumkin Tharada and khasra no.281 gair mumkin bala land at village Dugar, Panchayat Samiti Balesar, District Jodhpur."
We have heard learned counsel for the parties, whereas
2
Dr.P.S.Bhati, learned counsel appearing on behalf of the petitioner, has submitted that the reply of the respondent No.2, the Authority, in which the land vests, is satisfactory vis a vis the petitioner's pleaded averments and that appropriate orders, thus, may be passed by this court.
Learned counsel for the respondent No.5, in particular, while supporting the stand of the respondent No.2, has urged that as the land bearing Khasra No.282/7 has been allotted to it for its Solar plant, there had never been any occasion on its part to encroach upon the land, as referred-to in the writ petition.
The reply of the Authority brings out the following features based on a spot verification and report of a Committee, constituted by it, in response to the present proceedings:
(a) There is no encroachment on the land bearing Khasra Nos.271, 279, 280 and 281;
(b) The land, that has been allotted to respondent No.5, is not a part of the `Gochar' land and, thus, there is no encroachment thereon.
In the above view of the matter, having regard to the submissions advanced by the learned counsel for the parties, we are of the opinion that no further order in the instant petition is called-for.
The writ petition is disposed-of in the above terms. No costs.
(P.K.LOHRA),J.
(AMITAVA ROY), CJ
RANKAWAT JK, PS
Gram Panchayat Dugar
Jodhpur Development Authority
Respondent No.5
Amitava Roy
P.K.Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
