Courts dismissed challenge to Collector's order allotting Government land for Panchayat Bhawan, ruling compensation provision satisfies Conditions 1963 and no water flow obstruction proven.
Petition dismissed, Collector's order upheld with remark.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition (PIL) No. 14391/2021
----Petitioners
Versus
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
25/10/2021
The petitioners have challenged an order dated 13.02.2021 passed by the Collector, Barmer, by which the Collector has allotted 2.10 bighas of land for the purpose of construction of
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[CW-14391/2021]
Panchayat Bhawan in village Khardi and further 4.10 bighas of land was set apart for other public utilities.
Learned counsel for the petitioners vehemently contended
that the order passed by the Collector is wholly without jurisdiction. It converts the Panchayat gochar land for other purposes and is also in breach of the provisions contained in the Condition for (Allotment of Unoccupied Government Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharmshalas and Other Buildings of Public Utility) 1963 (hereinafter referred to as ‘the Conditions of 1963’). Counsel also submitted that the allotment of land by the Collector was in excess of the prescriptions made in the said Conditions of 1963 and contrary to the opinion of the Legal Officer of the District. Counsel also argued that the water flow of the natural channels is passing through the land and allotment of such land for construction of Panchayat Bhawan would obstruct the natural flow of the water.
Essentially, where should the Panchayat Bhawan be located, cannot be a subject matter of consideration by the High Court in exercise of writ jurisdiction. Section 102 of the Rajasthan Land Revenue Act, 1956 pertains to the power of Government to allot land for purposes other than agricultural as well as on special terms. This section provides that notwithstanding anything hereinforce contained, the State Government shall have power to allot land for the purposes of an industry or for any purpose of public utility on such conditions as it deems fit.
Essentially, this retains the power of the Government to divest the Government land for the purpose of industry or any other purpose of public utility. It is under this section that the Conditions of 1963 have been laid down. These conditions are in
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the nature of guidelines for exercising the power divesting its lands for the aforementioned purposes. Substantial compliance of these provisions, therefore, would be sufficient to pass the test of legality.
The order itself provides for compensating the Gram Panchayat with commensurate area of gochar land to the extent the same is used for other purposes. This order, therefore, cannot be seen as one changing the use of the Gochar land into some other purpose. We also notice that the impugned order was passed by the Collector in the month of February, 2021 and this petition has been filed in the month of December, 2021. In the meantime, the public agency for construction of Panchayat Bhawan is identified.
Further, the allegation that the natural flow of water channels would be blocked by use of land, is falsified on the basis of the sketch produced by the petitioners themselves at Annexure-10, which shows that the water channel is situated on the south eastern edge of the plot in question and has been given a separate Khasra No.298. There is nothing on record to suggest that use of the land bearing Khasra No.296 which is allotted for the aforementioned purposes would, in any manner, block the water or obstruct the natural flow of the water.
Under the circumstances, the petition is dismissed.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
5-MohitTak/-
2 issues framed by the court
Whether allotment of gochar land for Panchayat Bhawan justifies compensation to Gram Panchayat under Section 102
Whether natural water channel flow obstruction is established via evidence
2 provisions across 2 enactments
Baragat Khan S/o Dine Khan
Khim Singh S/o Gop Singh
Hindu Ram S/o Pema Ram
Chain Singh S/o Dol Singh
State of Rajasthan
District Collector, Barmer
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
