The Special Appeal was dismissed. The High Court upheld the Single Judge's finding of gross laches due to a 17-year delay. While the original rejection proposal stands, the court left it open for the appellant to re-apply for forest land diversion via the PARIVESH portal.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 261/2024
in
S.B. Civil Writ Petition No.12808/2020
Mithalal Bohra Son Of Shri M.C. Bohra, Aged About 71 Years, Resident Of Ward No. 1, Gangapur City, District Sawaimadhopur (Rajasthan).
----Appellant
Versus
----Respondents
For Respondent(s) : Mr. Bharat Vyas, AAG assisted by Mr. Jaivardhan Joshi Mr. B.S. Chhaba, AAG assisted by Mr. Hardik Singh, Mr. Vinayak Saran & Ms. Mansi Sharma Mr. Chandra Shekhar Sinha, CGPC with Mr. Mayank Kamwar & Mr. Devesh Yadav
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT
[2025:RJ-JP:36386-DB]
[SAW-261/2024]
(2 of 4)
Order
09/09/2025
"22.Had it been the case of the petitioner that he was vigilant enough for his rights, he could have approached the Central Government and he could have approached this Court by way filing appropriate petition well within time the things would have been different but he was sleeping over his rights for a considerable time i.e. for more than seventeen years and no reasonable explanation has been given by the petitioner for such an inordinate delay of seventeen years in approaching this Court, hence, the petitioner is not entitled to any relief because this writ petition suffers from delay and laches and the same is hereby dismissed on this count alone."
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[SAW-261/2024]
(3 of 4)
(4 of 4)
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[SAW-261/2024]
learned Single Judge, would have complete application to the facts of the case. However, we find that the respondents themselves have also stated that the appellant is always free to again submit an application for diversion of the forest land on the website of ' PARIVESH ' after fulfilling all the conditions of diversion.
(SANJEET PUROHIT),J
(SANJEEV PRAKASH SHARMA),J
SAHIL SONI /75
1 issue framed by the court
Whether the special appeal against the dismissal of the writ petition on the ground of gross laches and delay should be allowed.
Mithalal Bohra
Union Of India
Sanjeev Prakash Sharma
Sanjeet Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
