Hon'ble ROY, CJ.—In assailment is the judgment and order dated 25.2.2013 passed in S.B.Civil Writ Petition No.4181/2011 thereby rejecting the appellants'/writ petitioners' cavil against construction of Rajiv Gandhi Sewa Kendra (hereinafter referred to as 'the Kendra) over pasture land, as contemplated by them.

2. We have heard Mr.Rajendra Prasad, learned counsel for the appellants/writ petitioners.

3. For the order proposed to be passed, we do not consider it essential to issue formal notice.

4. The appellants/writ petitioners, who represent themselves to be the elected ward panchas of Gram Panchayat, Khijuriya Brahmanan, Tehsil Bassi, District Jaipur (hereinafter referred to as 'the gram panchayat') and also residents within its local limits, have asserted that in terms of the guidelines issued by the Rural Development and Panchayati Raj Department of the State prescribing the criteria for selection of a site for construction of Bharat Nirman Rajiv Gandhi Sewa Kendra (IT Centre), the same ought to be made, as far as possible, in the jurisdictional village panchayat building, and in case for want of place thereat, at any other place over government land with prior proposal of the gram panchayat to that effect. According to them, in the month of June 2010, the respondent-Sarpanch of the gram panchayat concerned, in contravention of the guidelines, started the construction work of such Kendra over the pasture land of the village panchayat situated near his house in Village Rooppura, but could not complete the same, in view of the objections raised by the villagers. They also averred that by order dated 10.6.2010 of the jurisdictional District Collector, Rs.10.00 lacs was sanctioned for construction of the said Kendra. They averred too that the gram panchayat however, vide its resolution dated 30.7.2010, resolved that the Kendra would be constructed near the panchayat building over the available abadi land measuring 47 x 60 feet and located near the Panchayat Headquarters.

5. While the matter rested at that, the appellants/writ petitioners alleged that on 5.1.2011, the gram panchayat conveyed a meeting, in which though no resolution was taken on the issue of construction of the Kendra, eventually, a forged/fabricated decision in this regard was conjured to the effect that the Kendra would be constructed over the pasture land of Village Khijuriya Brahmanan bearing khasra No.1 measuring 4 bighas and 1 biswa situated on the Kanota to Sambaryia Road. According to the appellants/writ petitioners, though they were participants in the said proceedings, they did never concur to this resolution, which in fact had not been adopted. They urged that however, on the basis of this resolution, the respondent-Sarpanch succeeded to get approval for construction of the Kendra over the aforementioned pasture land and though they successively represented before the concerned State authorities, nothing materialized. According to them, this venture is not only in violation of Section 92 of the Rajasthan Land Revenue Act, 1956 (for short, hereinafter referred to as 'the Act') and Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 (for short, hereinafter referred to as 'the Rules'), the site being located within an area earmarked for Delhi Mumbai Industrial Corridor Project, it would also eventually result in wastage of public money.

6. The State-respondents, in their reply, while denying the allegation of non-compliance of the above legal provisions, have asserted that the construction works had been started after being accorded technical and financial sanction therefor by the jurisdictional District Collector. They have referred to an application submitted on behalf of the gram panchayat before the Sub Divisional Officer, Bassi to the effect that it has no objection in keeping some land reserved for extension of the residential area and construction of the Centre out of Gochar land located in khasra No.1. According to the answering respondents, the C

Click Here to Read the rest of this document