Disposed

Amba Lal Salvi v. State of Rajasthan

Rajasthan HC4 Dec 2019CW/18020/2019

Case brief

AI extract

What is this about?

The High Court referenced a prior PIL directing the constitution of Public Land Protection Cells. Finding such cells were verified as constituted, the court directed petitioners to lodge grievances at the local cell and disposed of the writ petition.

What did the court decide?

Directed petitioners to approach the Public Land Protection Cell, Rajsamand, for their grievances; petition disposed of.

Amba Lal Salvi Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 18020/2019

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Amba Lal Salvi S/o Pema Salvi, Aged About 39 Years, Village Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Rajkumar Jat S/o Jagdish Jat, Aged About 24 Years, Village Beda Kheda Mali Khera Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Surendra Singh Solanki S/o Sohan Singh Solanki, Aged About 27 Years, Villagerawala Chowk Sarvadiya Khedi Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Hari Singh Solanki S/o Hukam Singh Solanki, Aged About 26 Years, Village Rawala Chowk Sarvadiya Khedi Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Mahaveer Singh S/o Kishan Singh, Aged About 28 Years, Village Charbhuja Madir Se Bheel Basti Sarvadiya Khedi Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Suresh Chandra Salvi S/o Hira Lal Salvi, Aged About 29 Years, Village Gadri Mohalla, Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Neeraj Kumar Jat S/o Madhav Lal Jat, Aged About 31 Years, Village Ward No.6 Dhobi Mohalla Dariba, Mahenduriya, Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Kamlesh Kumhar S/o Jodha Kumhar, Aged About 33 Years, Village Gadri Mohalla Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Indra Singh S/o Varadi Singh, Aged About 39 Years, Village Sanvariya Khedi, Rajpura, Panchayat Samiti Railmagra, District Rajsamand.

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Vishnu Kumar Jat S/o Mangi Lal Jat, Aged About 27 Years, Village Jat Mohalla Laxmipura, Panchayat Samiti Railmagra, District Rajsamand.

----Petitioners

(2 of 4)

[CW-18020/2019]

Versus

State Of Rajasthan, Through The Secretary, Department Of Mines, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan

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The Secretary, Department Of Panchayat Raj Government Of Rajasthan, Secretariat, Jaipur Rajasthan.

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The District Collector, Rajsamand, Rajasthan.

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The Tehsildar, Railmagra, District Rajsamand, Rajasthan.

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The Sub Divisional Officer, Railmagra, Office Of Sdm, District Rajsamand, Rajasthan.

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Project Head, M/s Hindustan Zinc Ltd., Partner Vedanta, Company Sindesri Khurd Mines, Dariba, District Rajsamand.

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----Respondents

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For Petitioner(s) : Mr. S.S. Nirban For Respondent(s) : Ms. Rekha Borana, AAG.

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/12/2019

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Heard learned counsel for the petitioners as well as learned Addl. Advocate General for the State.

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Petitioners have made a complaint about the encroachments made over the pasture land.

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Earlier the Jaipur Bench of this Court in Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018 – vide order dated 30.01.2019] took note of the fact that large number of writ petitions were filed before the Court styled as public interest litigation which pertained

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(3 of 4)

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[CW-18020/2019]

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to encroachments over the pasture land/land of ‘Johad’/’talab’/river/river bed/public way/Shamshan/Kabristan etc. and directed the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every district of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. It was further directed by this Court that PLPC should be headed by District Collector and function under his direction and supervision. Further direction for the manner in which the PLPC is to function.

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Learned Additional Advocate General brings to our notice a notification dated 24.04.2019 issued by the Revenue (Gr.6) Department, Govt. of Rajasthan in compliance of the directions issued by this Court in the case of Jagdish Prasad Meena (supra). The notification clearly issued directions to all the Collectors in the State of Rajasthan to constitute such PLPCs in each district. The Addl. Advocate General submits that PLPCs all around the State have already been constituted and are functioning as per directions given by this Court in the case of Jagdish Prasad Meena (supra) and serious endeavours are being made to resolve issues as per the guidelines issued by this Court.

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In this background, the petitioners are directed to approach PLPC, Rajsamand by filing representation for ventilating their grievances regarding alleged encroachments. The PLPC shall objectively consider the petitioners’ grievances and if found

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(4 of 4)

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[CW-18020/2019]

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correct, direct appropriate action against the encroacher within a period of three months from the date of submission of the representation.

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Accordingly, the writ petition stand disposed of.

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(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ

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86-a.asopa/-

Amba Lal Salvi v. State of Rajasthan

Case brief

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Amba Lal Salvi v. State of Rajasthan

Case brief

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