The court held that the writ petition was devoid of any merit and deserved to be dismissed.

1. - By way of this writ petition, the petitioner has questioned legality of communication dated 18.11.13 issued by the Deputy Secretary, Department of Revenue, Government of Rajasthan addressed to the District Collector, Jaisalmer, whereby it has been clarified that the restriction imposed by introducing clause (h) after existing clause (g) of Rule 5 of Rajasthan Land Revenue (Allotment of Land for Setting up of Power Plant based on Renewable Energy Sources) Rules, 2007 ( for short "Rules of 2007") shall not apply to the allotment made and lease executed prior to issuance of the notification dated 4.10.13. That apart, the petitioner has sought directions to the respondents to remove entire infrastructure and constructions raised by respondent-M/s. Vish Wind Infrastructure Limited ('the Respondent Company'), for setting up Wind Farm Project and to act in accordance with the amendment made in the Rules of 2007 by the State Government vide notification dated 4.10.13.

2. It is to be noticed that earlier the petitioner had filed a D.B.Civil Writ Petition being No.8955/11, questioning the legality of the allotment of 1890.01 bighas of land in the villages Damodara, Dujasar, Jamra, Khabha, Khabhiya, Kanoi, Dedha, Salkha, Keshvo-Ki-Basti and Siyalo-Ki-Basti, Tehsil and District Jaisalmer in favour of the Respondent Company for establishment of 159.2 Megawatt Wind Energy Farm. That apart, the petitioner had also prayed for setting aside the lease deed dated 24.2.11 executed by the District Collector, Jaisalmer of the land measuring 1792.11 bighas in the aforesaid villages for the period of 30 years, in favour of the Respondent Company for setting up the Wind Farm Project as aforesaid, with the provision for further extension after permission of the State Government.

3. The writ petition preferred by the petitioner as aforesaid, which was treated to be a PIL stands dismissed by the Division Bench of this court vide order dated 1.10.14 with the findings and observations as under:

"10. After hearing learned counsel for the parties, we are of the view that this writ petition is wholly meritless. It does not seek to protect any valid interest. The tourism is not affected by the setting up of Wind Mills. There is no such thing as "visual pollution" recognised in law for the purpose of giving cause of action to the petitioners to file the writ petition. The geographical status, historical & heritage monuments, rich culture and sand-dunes of District Jaisalmer are not going to be affected by the installation of Wind Mills as non-conventional energy source. There is no pollution caused by the setting up of Wind Mills. We are not impressed by the submission that the Wind Mills will spoil the beauty of the desert as there is no study undertaken by any person, which may establish the proposition that the setting up of Wind Mills will obstruct the views of the desert and thus affect the tourism.

11. A writ petition was earlier filed in public interest by Libra India challenging the procedure for allotment of land and lease deed in favour of the respondent-Company for setting up of Wind Farm. The writ petition was found to be mischievous and was dismissed with cost of Rs.25,000/-. The same issues cannot be permitted to be raised again by the petitioners.

12. We find that despite a clear objection taken in the reply that the petitioner no.1 has not given the location of her "Resort Rawala", which is alleged to be running from 2001, and recognised by the Tourism Department. No details of the location nor any recognition or registration from the Department of Tourism has been produced.

13. We are not satisfied with the credentials of the petitioners, which are necessary for the purpose of filing any writ petition in public interest. We also do not find that any private interest has been affected or that the allotment of the land for setting up of Wind Mills has affected the health of any person or is likely to affect the health of any person or ani