A writ petition challenging the construction of a Community Health Centre on petitioner's agricultural land. The High Court observed the land was validly allotted for a public utility under 1963 Rules and dismissed the petition as not a fit case for relief.
Petition dismissed. None.
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
S.B. Civil Writ Petition No. 7228/2023
Rakesh Damor S/o Gaj Singh, Aged About 21 Years, R/o Ward No.5, Vadli Pada, Dungar Chhota, Tehsil Sajjangarh District Banswara.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. |
Moti Singh |
|---|---|---|
| For Respondent(s) | : Mr. |
PankajSharma,AAG |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
Reserved on 01/06/2023
Pronounced on 06/06 / 2023
India has been preferred claiming the following reliefs:
“It is therefore most humbly prayed that this writ petition may kindly be allowed:a. That by an appropriate writ, order or direction may kindly be issued and the act of respondents with regard to construct the CHC Building upon the land of khasra no.58 Rakba 0.4654 Hectare (3.10 Bigha) village Dungra Chhota, Tehsil Sajjangarh, District Banswara may kindly be declared illegal, arbitrary and unconstitutional. b. That by an appropriate writ, order and direction may kindly be issued and the respondents may kindly be prohibited to construct the CHC Building upon the land of khasra no.58 Rakba 0.4654 Hectare (3.10 Bigha) village
(2 of 5)
[CW-7228/2023]
Dungra Chhota, Tehsil Sajjangarh, District Banswara and further direct to restore the position of the land while remove the material laying upon the land of the petitioner. c. That by an appropriate writ, order and direction may kindly be issued and the respondents may kindly be restrained for any kind of interference in the use and occupation right of the petitioner with regard to land in question without proper acquisition if same is required under a larger public interest.
d. Any other relief, which this Hon’ble Court deems fit to protect and maintained the healthy judicial system in State of Rajasthan, by which the petitioner may get full justice, may also be allowed.”
2.1 The District Collector, Banswara, vide order dated 28.06.2022, allotted a land comprising khasra no.78/26 (old khasra no.26) rakba 0.8094 hectare, for the purpose of construction of the Community Heath Centre (CHC) Building at Dungra Chhota; prior to such allotment, the said land was entered in the name of the Police Station at Sajjangarh.
2.2. Thereafter, the respondent-Department approved the site and handed over the same for construction of the CHC Building to the executing agency; the construction of the CHC Building was started over the land in question, whereas the land allotted for the said purpose was comprising khasra No.78/26. Thereupon, the
[CW-7228/2023]
(3 of 5)
petitioner served a legal notice through his Advocate to the respondents for stopping the construction work over the land in question. Despite service of such notice, when the construction work was not stopped, the matter was brought to the notice of the District Collector on 12.04.2023 and submitted a detailed representation against the construction of the CHC Building over the land in question.
2.3. The District Collector, Banswara passed an order for conducting an inquiry into the matter, whereupon, the Tehsildar concerned directed the local inspector to conduct the survey; the survey report dated 13.04.2023 so submitted, recorded the construction of the CHC Building over the land in question, i.e. the land comprising Khasra no. 58, belonging to the petitioner.
2.4. Since thereafter also, the grievance of the petitioner was not redressed by the respondents, the present petition, laying challenge to the impugned action on the part of the respondents, has been preferred, claiming the afore-quoted reliefs.
3.1. Learned counsel further submitted that apparently, the land allotted for construction of the CHC Building is situated far away from the land in question of the petitioner, but the respondents
(4 of 5) [CW-7228/2023]
approved site for such construction, which is different from the land allotted for the said purpose.
3.2. Learned counsel also submitted that as per Section 2 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if, amongst others, for any public purpose, the appropriate Government, wishes to acquire a land, then prior thereto, it is mandatory to conduct proceedings under the said Act. Furthermore, as per learned counsel, there was no proposal of the revenue department for setting apart or acquiring the land in question, for any purpose.
[CW-7228/2023]
(5 of 5)
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-
2 issues framed by the court
Whether the construction of a Community Health Centre on land purportedly belonging to the petitioner without statutory acquisition is justiciable and warranting relief.
Whether the allotment of specific government land for a public utility waiver valid in excess of statutory acquisition requirements.
Rakesh Damor
State Of Rajasthan
Chief Medical And Health Officer
Chief Engineer, Public Works Department
District Collector
Tehsildar
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
