Partly allowed

Shanker Lal v. State of Rajasthan

Rajasthan HC6 Jan 2020CW/13782/2019

Case brief

AI extract

What is this about?

Vs. State of Rajasthan; पीटिनयर sought quashing of residential conversion of land acting as catchment areas. Court narrowed scope to one locality and directed respondents to protect natural water flow via embankments/culverts.

What did the court decide?

Direction to respondents to ensure natural water flow from Khasra No.5181/1263 to Pond in Khasra No.1288 is protected via embankments/culverts/pipelines.

Shanker Lal Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition (PIL) No. 13782/2019

¶3

Shanker Lal S/o Moti Ram, Aged About 52 Years, R/o Village Harsolao, Tehsil Merta, Distric Nagaur (Raj.).

¶4

Ganesh Ram S/o Deepa Ram, Aged About 55 Years, R/o Village Harsolao, Tehsil Merta, District Nagaur. (Raj.).

¶5

Ram Singh S/o Hathi Singh, Aged About 54 Years, By Caste Rajput, R/o Rajputo Ka Bas, Village Harsolao, Tehsil Merta, District Nagaur. (Raj.).

¶6

Mandroop Ram S/o Rawat Ram, Aged About 68 Years, R/o Naradhaniyo Ki Dhani, Village Harsolao, Tehsil Merta, District Nagaur (Raj.).

¶7

----Petitioners

¶8

Versus

¶9

State Of Rajasthan, Through The Secretary Department Of Revenue, Secretariat, Jaipur.

¶10

The Divisional Commissioner, Ajmer (Raj.).

¶11

The District Collector, Nagaur.

¶12

Tehsildar Merta City, Tehsil Merta, District Nagaur.

¶13

Gram Panchayat Harsolao Through Sarpanch, Gram Panchayat Harsolao, Tehsil Merta, District Nagaur. (Raj.).

¶14

----Respondents

¶15

For Petitioner(s)	: Mr.C.P. Soni with Mr. Lalit Kishan Sen
For Respondent(s)	: Ms. Rekha Borana, Addl. Advocate General Mr. Vishal Sharma

¶16

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

¶17

Judgment

¶18

06/01/2020

¶19

The present petition under Article 226 of the Constitution of India, in the form of a public interest litigation, has

¶20

(2 of 5)

¶21

[CW-13782/2019]

¶22

been preferred by the petitioners-villagers of Village Harsolao, Tehsil Merta, District Nagaur, claiming the following reliefs:

¶23

“(a) The conversion of land of khasra No.1291, 1263, 3195, 3259 which are being used for catchments area though appearing in earlier revenue record as Gair Mumkin Pahar and Magra to residential in Jamabandi annexure 9 may kindly be quashed and set aside. These Khasra’s may be protected as water sources as they were earlier.

¶24

(b) The respondent authorities no.1 to 5 may be directed to protect khasra No.1291, 1263, 3195, 3259 as the source of drinking water for Talab, Pond and Nadi as Kaner Nadi, Gharoi Talab, Sitar Talab, Ramsar Talab, Ghooman Talab, Rathiya Nada and Karwasara Nada and also directed to used the land of Khasra No. 1286, 3257 of the area of 10 hector which has already been converted as residential land which is still lying vacant without any allotment.

¶25

(c) That the respondent authorities may also be directed to make suitable arrangement of drinking portable water for the villagers residing at Village Harsolao and cattle, animals etc.”

¶26

The land in question, conversion of which into residential is causing the grievance is a Gair Mumkin Magra , which is about 10 hectares and is lying vacant in Khasra No.1286 and 3257.

¶27

Mr. C.P. Soni appearing with Mr. Lalit Kishan Sen, learned counsel for the petitioners submits that it is a catchment area and the availability of the potable drinking water shall be jeopardized if the catchment area is converted into a residential area, and thus, the respondent authorities ought to have taken necessary steps to safeguard Khasra No.1288, which is a famous pond of Village Harsolao in the name of Kaner Nadi, Khasra

¶28

(3 of 5)

¶29

[CW-13782/2019]

¶30

No.1231, the land of Gharoi Talab and Khasra No.1713, the land of Sitar Talab.

¶31

Learned counsel for the petitioners has also raised the issue of water of Khasra No.1263, which is flowing to Gharoi Talab at Khasra No.1231. Learned counsel for the petitioners further submits that water of Khasra No.1291 is a water source of Sitar Talab and Ramsar Talab. Learned counsel for the petitioners also submits that the water of Ramsar Talab is a water source of Harsolao Dam.

¶32

Learned counsel for the petitioners further submits that the water of Khasra No.3195 and 3259 which is shown in the Jamabandi as Gair Mumkin Magra is a water source of Ghooman Talab, Rathiya Nada and Karwasara Nada, and these are small types of water sources for animals.

¶33

Learned counsel for the petitioners also submits that the situation and location of all these khasras is shown in the map issued by the competent authority, and the said location is also clear from the Google map of the area of Kaner Nadi.

¶34

Learned counsel for the petitioners thus submits that the conversion undertaken by the respondents vide order dated 19.06.2019 in khasra No.1291, 1263, 3195 and 3259 is the immediate cause of the present public interest litigation.

¶35

Ms. Rekha Borana, learned Additional Advocate General appearing for the State-respondents has pointed out from the map and the relevant documents that the six ponds situated in khasra No.1288, 1231, 1713, 3764 and 3811 are being safeguarded by the respondents and their declared catchment is not being touched by the respondents, while making such conversion.

¶36

(4 of 5)

¶37

[CW-13782/2019]

¶38

Learned Additional Advocate General further assures this Court that all the aforementioned six ponds are being protected by the respondents and a proper embankment are there, so that their catchment is not affected.

¶39

Learned Additional Advocate General further submits that the land is being allotted for residential purposes, due to the population pressure and such land is at khasra No.5180/1263, 5182/1291, 5184/3195 and 5186/3259.

¶40

Learned Additional Advocate General has further shown from the record that allotments in Khasra No.5184/3195 and 5186/3259 do not have any relationship or connection with any pond. She further submits that the land allotted in Khasra No.5182/1291 is also not having any connection with any pond and for the purposes of residential use, the only proximity to the pond is khasra No.5180/1263, which has the adjoining pond in khasra No.1288.

¶41

Mr. Vishal Sharma, learned counsel for the private respondent submits that to crystallize the issues in the prayer, the only place where there could be a connection between the pond and the allotment is khasra No.1288 where the pond is there and khasra No.5180/1263 where the allotments are being made.

¶42

Learned Additional Advocate General also submits that between the pond and the allotted land there is a proper road, and thus, there is no question of the allotted land having any impact upon the catchment area of the pond.

¶43

In his rejoinder arguments, learned counsel for the petitioners submits that Khasra No.5181/1263 is the khasra number from where the water flows to khasra No.1288.

¶44

(5 of 5) [CW-13782/2019]

¶45

In response to the aforesaid submissions made on behalf of the petitioners, the learned Additional Advocate General assures this Court that any water flow from Khasra No.5181/1263 to Khasra No.1288 shall be ensured by creating appropriate embankments/pipelines/culverts so as to ensure that the water flowing from this khasra number to the pond on a natural flow shall not be obstructed.

¶46

After hearing learned counsel for the parties as well as perusing the record of the case, this Court finds that the scope of this public interest litigation is narrowed down to the khasra No.1288 where the pond is adjacent to the allotted residential land, whereas rest of the allotted residential lands are not having any proximity with the pond in question, and thus, the same need not be adjudicated. This Court is of the opinion that Khasra No.5180/1263, which is the allotted land, can be permitted to be allotted as residential premises, as it is not directly affecting the pond in question.

¶47

However, the present petition is disposed of with a direction to the respondents to ensure that any natural flow of water from khasra No.5181/1263 to the pond comprised in khasra No.1288 shall be protected by making necessary embankments/culverts/pipelines. The respondents shall ensure the compliance of the assurance given by the learned Additional Advocate General and the directions issued by this Court.

¶48

(DR. PUSHPENDRA SINGH BHATI),J

¶49

(INDRAJIT MAHANTY),CJ

¶50

26-SKant/-

Shanker Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shanker Lal v. State of Rajasthan

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

Sumit Vs State of Rajasthan

Prithvi Singh @ Parthvee Singh Vs State of Rajasthan

Popat Lal Vs the State of Rajasthan

Vijay Singh Gehlot Vs State of Raj. and Ors.

State of Rajasthan Vs Kusum Lata Joshi

Neelam Choudhary Vs State of Rajasthan