The Rajasthan Land Revenue (Allotment of Unoccupied Government Agricultural Lands for Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility) Rules, 1963 are applicable to the allotment of tank-bed land for the construction of a Dharamshala and other public uses, and such allotment is valid and legal if made with the prior approval of the State Government and for a public purpose.

Headnote:
LAND ALLOTMENT - RAJASTHAN LAND REVENUE (ALLOTMENT OF UNOCCUPIED GOVERNMENT AGRICULTURAL LANDS FOR CONSTRUCTION OF SCHOOLS, COLLEGES, DISPENSARIES, DHARAMSHALAS & OTHER BUILDINGS OF PUBLIC UTILITY) RULES, 1963 - APPLICABILITY - TANK-BED LAND - WHETHER CAN BE ALLOTTED UNDER THE RULES - INTERPRETATION OF RULES - PUBLIC UTILITY - MEANING AND SCOPE - POWER OF STATE GOVERNMENT TO ALLOT LAND FOR PUBLIC UTILITY - SECTION 102 OF THE RAJASTHAN LAND REVENUE ACT, 1956 - SCOPE AND APPLICABILITY.
Fact of the Case:

The dispute arose from the allotment of a portion of Megh Sagar Dam, a tank-bed land, to the respondent No. 6, Jat Seva Samiti, Malpura, for the construction of a Dharamshala and other public uses. The appellants, Moolchand and others, residents of village Diggi, where the dam is situated, challenged the allotment, contending that the land could not be allotted under the Rajasthan Land Revenue (Allotment of Unoccupied Government Agricultural Lands for Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility) Rules, 1963 (the Rules of 1963), as it was tank-bed land and not unoccupied agricultural land. They argued that the applicable rules were the Rajasthan Land Revenue (Allotment of Tank-bed and Lands for Cultivation) Rules, 1961 (the Rules of 1961), which specifically dealt with the allotment of tank-bed land for cultivation purposes only. The State Government and the respondent No. 6, on the other hand, maintained that the Rules of 1963 were applicable and that the allotment was made with the prior approval of the State Government and was in the public interest.
Finding of the Court:

The Court held that the Rules of 1963 were applicable to the allotment of the land in question and that the allotment was valid and legal. It observed that the Rules of 1961 dealt exclusively with the allotment of tank-bed land for cultivation purposes only, and since the land in question was not allotted for cultivation but for the construction of a Dharamshala and other public uses, the Rules of 1961 were not applicable. The Court further held that the Rules of 1963 were framed by the Government of Rajasthan in exercise of the powers conferred by Section 102 of the Rajasthan Land Revenue Act, 1956, which empowered the State Government to allot land for the purpose of public utility. The Court found that the allotment in question was made for a public purpose, namely, the construction of a Dharamshala and other public uses, and was therefore valid.
Issues: 1. Whether the Rajasthan Land Revenue (Allotment of Unoccupied Government Agricultural Lands for Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility) Rules, 1963 (the Rules of 1963) were applicable to the allotment of the land in question. 2. Whether the allotment of the land in question was valid and legal.
Ratio Decidendi: 1. The Rules of 1961 dealt exclusively with the allotment of tank-bed land for cultivation purposes only, and since the land in question was not allotted for cultivation but for the construction of a Dharamshala and other public uses, the Rules of 1961 were not applicable. 2. The Rules of 1963 were framed by the Government of Rajasthan in exercise of the powers conferred by Section 102 of the Rajasthan Land Revenue Act, 1956, which empowered the State Government to allot land for the purpose of public utility. 3. The allotment in question was made for a public purpose, namely, the construction of a Dharamshala and other public uses, and was therefore valid.
Final Decision: The Court dismissed the appellants' appeal and allowed the respondent No. 6's appeal, quashing the order of the learned Single Judge and dismissing the writ petition filed by the appellants.

JUDGMENT

1. - These two special appeals are directed against the judgment dated 10.2.94 passed by the learned Single Judge of this Court allowing the writ petition in part filed by Moolchand & Ors. which was in the nature of public interest litigation. Since both appeals arise out of a common order passed by the learned Single Judge, they are being disposed of by a common judgment.

2. The facts giving rise to the instant case which was in the nature of public interest litigation, are as under :

3. Moolchand, Jagdish Prasad Soni, Ram Swaroop and Girdhar Sharma are the residents of village Diggi, Tehsil Malpura, District Tonk, State of Rajasthan. Village Diggi falls within the local jurisdiction of Gram Panchayat Diggi. There are 4 Dhanis which constitute the wards of Gram Panchayat Diggi. The population of Gram Panchayat Diggi is about 10,000. The temple of Shri Kalyan Rai ji Maharaj is situated in the said village. People from all corners of the country are alleged to visit village Diggi for worshipping the idol of Shri Kalyan Rai Ji Maharaj throughout the year. Largest number of pilgrims are alleged to visit in the month of Savan and a Fair is also organised by the temple authorities during the month of Bhadva every year. There are one dam and two tanks in village Diggi in question which are popularly known as Megh Sagar Dam, Vijay Sagar Tank and Sarvan Sagar Tank. Out of 3 dams Megh Sagar Dam is maintained by the Irrigation Department and is in the charge of Assistant Engineer Irrigation, Malpura which is primarily used as a source of irrigation and the fields of the agriculturists of the village provide water through two canals popularly known as Right Canal and Left Canal and various water cources. The area of Megh Sagar Dam is 22 Bigha 8 Biswas which is mainly situated in Khasra No. 1371. Besides this area of boundary 3 Bigha 15 Biswa comparised in Khasra No. 1373, 5 Bigha 2 Biswa comprised in Khasra No. 1378 and 5 Bigha 19 Biswa of land comprised in Khasra No. 1379 and has been shown as Khandi which has been formed as a result of construction of the Damand here also the depth of the water is about 6 feet and canal also passes through this Khandi. It is alleged that the appellant petitioners No. 1 to 3 irrigate their land through this water which is supplied through Khandi and similarly 66 other cultivators in all 69 irrigate their lands through the water supplied from the aforesaid source. It was further alleged that the Irrigation Department has a budget of maintenance of Rs. 80,000/- per year for this purpose. Towards the South of this Dam there is a public Ghat ten feet in length and ten feet in width for use of pilgrims. Towards the West of the Ghat there is a cattle-pond for drinking water of the animals. Two public Urinals have also been constructed and towards the South there are 26 Dharamshalas in the village one of them belongs to the respondent No. 6 which was constructed on 2 Bighas of land, out of which 11/2 Bigha towards the South side is lying vacant. Petitioners grievance is that the respondent No. 6 in 1991 entered into a conspiracy with Tehsildar, Malpura and decided to grab certain portion of the land comprised in Megh Sagar Dam. Accordingly, the respondent No. 6 moved an application for allotment of 5 Bighas of land out of Khasra No. 1371 before Tehsildar which is the part of Megh Sagar Dam for construction of a Dharmshala and other public uses. After the receipt of the said application Tehsildar sent a letter to the Administrator, Cram Panchayat Diggi directing him to issue a No Objection Certificate for the allotment of the land in favour of the respondent No. 6 who acting under the directions issued No Objection Certificate. Tehsildar thereafter forwarded the papers to the Collector, Tonk who, in turn, submitted the papers to the State Government and the State Government without inviting objections from the public and without issuing any public notice, vide order dated 25.1.93 sanctioned the allotment

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1994 Supreme(Raj) 1009

RAJASTHAN HIGH COURT AT JAIPUR BENCHAnshuman Singh, Arun Madan, JJ.Mool Chand & Ors. - AppellantsVersusState of Raj and Ors. - RespondentsD.B. Civil Special Appeal No. 190, 289 of 1994.Decided On : 16-12-1994

Cases Referred (3)

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RAJASTHAN HIGH COURT AT JAIPUR BENCH
Anshuman Singh, Arun Madan, JJ.
Mool Chand & Ors. - Appellants
Versus
State of Raj and Ors. - Respondents
D.B. Civil Special Appeal No. 190, 289 of 1994.
Decided On : 16-12-1994