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2017 Supreme(Raj) 1295

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NIRMALJIT KAUR, J.
Marwar Cement Limited – Petitioner
Versus
The State of Rajasthan – Respondents
S. B. Civil Writ Petition No. 1312 of 2014, 10166 of 2013
Decided On : 06-10-2017

Advocates Appeared:
For the Petitioner:Mr. M.S. Singhvi, Sr. Advocate assisted by Mr. Akhilesh Rajpurohit
For the Respondents: Mr. Rajesh Panwar, A.A.G. with Mr. Ayush Gehlot

Headnote:Rajasthan Land Revenue (Industrial Area Allotment) Rules, 1959, read with Rajasthan Minor Mineral Concession Rules, 1986, Rule 73 - Plot of land was taken up by the government - Alleged that the action of the state is arbitrary and without application of mind - Decision was not based on public interest - Land was not put under the list of mineral potential Areas as under Rules 73 - Held, Land was given on leave, the land is allotted for setting up of Industrail units - Execution of lease deed is directed to be undertaken.

ORDER :

1. Both the aforesaid writ petitions shall stand decided by this common order as the issue involved therein is identical.

2. The prayer in the Writ Petition No. 1312/2014 is for quashing of the decision taken in the minutes of the meeting dated 23.01.2014 with a further prayer to direct the respondents not to cancel the allotment of land in question made in favour of the petitioner vide Order dated 25.01.2012 with all consequential directions and the prayer in the Writ Petition No. 10166/2013 is for issuance of a direction to the respondent to execute the lease deed of the land in question allotted to the petitioner after giving effect to the orders passed by the High Court dated 09.05.2012 and also to handover possession of the land so covered by the lease deed with a further prayer to facilitate the setting up of the cement plant pursuant to the order of allotment of land with all consequential directions.

3. The petitioner applied for registration before the Ministry of Commerce and Industries on 17.02.2009 for setting up of a Cement Manufacturing Plant in the form of clinkers with proposed capacity of 1371000 metric ton. The petitioner prepared its project report for setting up of the Unit in December, 2009. In order to set up the cement plant, the petitioner purchased land measuring 53 bighas and 18 biswas situated at Village Ghodawat, Gram Panchayat Khawaspura, Tehsil Bhopalgarh, District Jodhpur in Khasra No. 343/12, 343/11, 343/10, 341, 340/1 and 340 from the private persons after negotiations. After purchasing the said land, the petitioner moved an application under the Rajasthan Land Revenue (Conversion of Agriculture Land for Non-agriculture Purposes) Rules, 2007 and the same was converted vide Order dated 18.02.2009. Some more land was purchased by the petitioner in the said village vide registered sale-deed. Thereafter, the petitioner moved an application for environment clearance before the Rajasthan Pollution Control Board. In pursuance to the said application, public notice was issued in the newspapers, namely, ‘Hindustan Times’ as well as ‘Dainik Bhaskar’ on 12.02.2009 for public hearing. The respondent authorities conducted the public hearing on 13.10.2009 in which as many as 92 persons participated. The minutes of the public hearing were drawn by the Regional Officer, Rajasthan State Pollution Control Board, Jodhpur and the same was forwarded to the Member Secretary, Rajasthan Pollution Control Board, Jodhpur on 28.01.2010. The Ministry of Environment and Forest granted environment clearance to the petitioner vide its Communication dated 27.07.2010. After complying with all the requirements for allotment of land, an application dated 31.05.2010 under the Rajasthan Land Revenue (Industrial Area Allotment) Rules, 1959 (for short ‘Rules of 1959’ hereinafter) was filed by the petitioner before the District Collector, Jodhpur for allotment of land measuring 167 acres in Khasra No. 343 of Village Ghodawat, Tehsil Bhopalgarh, District Jodhpur. The said application was processed by the Collector who sought the report from the Tehsildar, Bhopalgarh in the prescribed form vide its Communication dated 06.06.2010. A copy of the same was also sent to the Pollution Control Board and the Deputy Director (Industries), Jodhpur seeking no objection for allotment of the land to the petitioner. In response to the said communication dated 06.06.2010, the Tehsildar, Bhopalgarh submitted its report to the Collector, Jodhpur vide communication dated 12.08.2010. The Gram Panchayat Khawaspura, Panchayat Samiti Bhopalgarh, District Jodhpur also issued No Objection Certificate vide communication dated 20.11.2010 after proposal having been passed in the meeting of the Gram Panchayat held on 05.11.2010. The District industries Department too issued No Objection Certificate on 20.08.2010. Although, the petitioner had moved an application for allotment of 167.4 acres land but the Gram Panchayat granted No Objection for 151.4 acres lan








































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