Disposed

Raj Kumar Keshan v. State of Raj and Ors.

Rajasthan HC21 Jan 2014CW/805/2007

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order recalling land conversion. The Court held the Collector was competent as the land fell in peripheral but not municipal limits. It set aside the recall order but clarified permitted land use.

What did the court decide?

The impugned order setting aside the conversion is set aside; land use is restricted to a petrol pump.

Raj Kumar Keshan Vs State of Raj and Ors. — Land Acquisition | Rajasthan HC (2014)

¶1

{1} SB CIVIL WRIT PETITION NO.805/2007

¶2

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

O R D E R

¶4

S.B. CIVIL WRIT PETITION NO.805/ 2007

¶5

RAJ KUMAR KESHAN Vs. STATE OF RAJASTHAN & ORS.

¶6

DATE:21.01.2014

¶7

HON'BLE MR. JUSTICE M.N. BHANDARI

¶8

Mr. Ashok Sharma, for the petitioner. Mr. S. Zakawat Ali, Deputy Government Counsel, for the respondents. Mr. Anil Tiwari on behalf of Mr. K.N. Gupta, for the respondent No.3.

¶9

¶10

By this writ petition, a challenge is made to the order dated 15.05.2006 at Annexure-11. The petitioner applied for conversion of the land from agriculture to non-agriculture purposes. The conversion order was passed by the Collector on 23.03.2005 and 28.03.2006. The land was converted for commercial purposes (for establishment of petrol pump). The said order was recalled vide the impugned order. It is mainly on the ground that the land in dispute falls in the peripheral limits of the Municipality, thus, order of conversion can be passed by the Municipality.

¶11

Learned counsel for the petitioner has relied on the order dated 02.11.2005, where it has been clarified that the land falling in the peripheral limits of the Municipality is only for the purposes of planning etc. and will not give jurisdiction for other purposes. In view of above, the power under Section 90-B of the Land Revenue Act, would be exercised by the competent authority or SDO and not by the

¶12

{2} SB CIVIL WRIT PETITION NO.805/2007

¶13

Municipality.

¶14

Learned Deputy Government Counsel appearing on behalf of the respondent-State initially opposed the petition, however, realising the fact that the land in dispute falls in the peripheral limits of the Municipality and not in the municipal limits itself, thus, the Collector was competent to convert the land.

¶15

In view of the submissions made, I find that conversion of the land by order dated 23.03.2005 and 28.03.2006 was by the competent authority as the land does not fall in the municipal limits, but is in the peripheral limits of the Municipality.

¶16

Accordingly, the impugned order is set aside while

¶17

maintaining the order of conversion, passed earlier, it is however clarified that the petitioner would not be authorized to use the land for any other commercial purposes other than for establishment of a petrol pump. It would however not preclude the petitioner to apply for conversion of the land to the competent authority for any other purposes, if permissible.

¶18

The writ petition is disposed of with the aforesaid.

¶19

(M.N. BHANDARI),J.

¶20

/ KKC/

¶21

Certificate:

¶22

All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.

¶23

KAMLESH KUMAR P.A.

Raj Kumar Keshan v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Raj Kumar Keshan v. State of Raj and Ors.

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

Coram

Case details

Similar cases

Kana Ram and Ors. Vs State of Raj and Ors.

J.V.M Siksha Samiti Vs Director Group Insurance LIC a

Vishnu Jain Vs Union of India and Ors.

Ram Singh Vs State

The National Insurance Company Vs M a C T and Ors.

M/S Cee Ess Mines Vs State of Raj and Ors.