Point of Law: Land Scam - 'Public Interest Litigation' – Not maintainable - PIL to be genuine Public Interest, not a publicity petition, politically motivated by third party, private interest or with any other motive. Petition raising the ground infringing fundamental rights of group of person

JUDGMENT :

1. The petitioner who is resident of Baikunthpur city has filed this 'Public Interest Litigation' ('PIL') stating the issue raised in the writ petition to be with regard to 'land scam' whereby respondent No.9 got transferred the land in his name, which was recorded in the name of Jail Department in proceedings of exchange of land in revenue case No.04/A-19(4)/2013-14 by Additional Collector, Baiknunthpur, District Koriya, Chhattisgarh without seeking consent of competent authority. The question involved in writ petition is whether the land recorded in the name of Jail Department in revenue records, the Deputy Superintendent of Jail would be the competent authority to give his consent for exchanging of land with private person and whether proceedings drawn by Additional Collector in revenue case for exchange of land under the provisions of Revenue Book Circular (for short 'RBC') are in accordance with law or not.

2. Relevant facts raised in this writ petition are that, land bearing Khasra Nos.252/1 and 298 are recorded in the name of Jail (Reserved for Jail). The land of aforesaid Khasra numbers lying adjacent to the present Jail was vacant and an open land. Other lands bearing Khasra Nos.149/1 and 153 situated at Jampara were also recorded in the name of Police Department. In part of these Khasra numbers 149/1 and 153, buildings of Police Department and residential quarters are constructed and large area of aforesaid Khasra numbers is undeveloped and is lying open. Respondents No.9 and 10 are (in the business of real estate), engaged in the business of developing and constructing residential colonies. The land which is subject matter of writ petition is adjacent to the colony developed by them known as 'Mangi Lal Agrawal Nagar' popularly called as 'MLA Nagar'. Respondents No.9 and 10 purchased land bearing Khasra No.252/1 situated at Patwari Halka No.5 from one Uday Pratap Singh. As per description mentioned in the sale deed executed by Uday Pratap Singh in favour of respondent No.10, east side of land is bounded by land belonging to Jail and other sides of the land is bounded by lands of private persons. Respondent No.9 after getting permission from the competent authority, started developing colony over the land situated at Khasra No.252/1. Respondent No.9 in view of extension of colony situated at Khasra No.252/1 has made an application for exchange of land bearing Khasra No.149/1 measuring 0.548 hectares and Khasra No.153 measuring 0.429 hectares (total area 0.977 hectares), with the land situated at Khasra No.295 recorded in the name of Jail, which is adjacent to the land bearing Khasra No.252/1 where respondent No.9 was developing colony. Application for exchange of land was filed on 22.08.2013 before the Additional Collector Baikunthpur. Upon receiving the application for exchange, Additional Collector issued public notice inviting objection. When no objection was received, he called for a report from Tahsildar. Upon receiving report of Tahsildar, value of the lands, sought to be exchanged has been ascertained from Deputy Registrar. No objection was sought from the Municipal Council who vide letter dated 08.11.2013 has stated that Khasra Nos.149/1 and 153 are occupied by the Police Department and Khasra No.295 is recorded as Government land. The Patwari Baikunthpur after inspection submitted its report that Khasra No.295 includes Khasra No.298/1 and both the lands are recorded and reserved in the name of Jail. The Collector passed an order permitting for exchange of land and directed for correction in the revenue records accordingly.

3. On 02.08.2017, Director General of Prisons and Correctional Services wrote a letter to Collector Koriya regarding illegal exchange of land of Jail Department. The Collector based on the letter had issued direction to Tahsildar to submit a report. The Tahsildar submitted report that land bearing Khasra Nos.295 and 298/1 is recorded in the name of Jail prior to Independence. Exchan