S. Ravindra Bhat, J.

1. In this Public Interest Litigation, direction for quashing changes in the Master Plan of Kuchaman City (Master Plan 2010-2031), by which a bus stand is sought to be constructed, has been claimed.

2. The Kuchaman City Master Plan 2010-2031 (hereafter referred to as "the MP") was framed under the authority of Section 3 of the Rajasthan Urban Improvement Trust, 1959, and the Rules framed thereunder i.e. the Rajasthan Urban Improvement Trust Rules, 1962. By virtue of the provisions of the Rajasthan Municipalities Act, 2009 (hereafter referred to as "the 2009 Act"), the Municipal Board, Kuchaman City (hereafter "the board") prepared the plan. The petitioner relies upon the map designating the land use, especially in khasra Nos. 2782/2372 and 2783/2389 and submits that these were reserved for stadium and playground besides parking place. It is alleged that other uses are expressly barred. The khasra numbers in question, according to the petitioner, are designated in the revenue records as Gair Mumkin Khadda (open depressive land) for the reason they are situated at the end of a slope or lower level resulting in collection of rain water seasonally. Originally the land was reflected, at the time of settlement, as pasture; after settlement it was given a new number i.e. khasra No. 2372. On 30.06.2016, a meeting of the Land Use Change Committee of the Municipal Board was held, in which various proposals were taken up and accepted in the form of resolution.

3. It is submitted that the proposal was to change the use (from the existing purpose, i.e. stadium and playground to bus stand) and the modified proposals permitted construction of a bus stand. It is also alleged that further to the proposal a check list was sent to the Senior Town Planner, Ajmer for necessary action on 23.01.2017, who in turn examined the matter and communicated to the board, by letter dated 01.05.2017, pointing out various issues. It is submitted that on 30.05.2017, the Senior Town Planner, Ajmer wrote to the board drawing attention to the directions of this Court in Gulab Kothari v. State of Rajasthan 2017 (2) RLW 1178 (Raj) to the effect that land use change could be made only with the prior permission of the State Government and in larger public interest.

4. It is argued by counsel that on 03.07.2017, the proposal was sent by the board to the State Government Land Use Change Committee. The petitioner then states that on 12.03.2018, the Additional Chief Town Planner of the Department of Local Self communicated to the Executive Officer of the Board pointing out that several trees existed at the proposed bus stand site and elicited comments. Thereafter, on 06.06.2018, the Government of Rajasthan permitted the change of land use of khasra No. 2372.

5. It is contended by Mr. Moti Lal on behalf of the petitioner that the proposal to change the land use is contrary to the directions in Gulab Kothari’s case which are that once an area or space is designated for green purposes, its use cannot be changed. In the present case, it is submitted that the original Master Plan published, contemplated use of the open area in khasra No. 2372 for the purposes of playground and the designated and specific recreational use which cannot be used in any circumstances whatsoever. Learned counsel also submitted that the proposal was contrary to the provisions of the Act of 2009, specifically Section 162(2), 162(3) and 162(5). It is stated that Municipal Board, Kuchaman City had to publish a notice- by virtue of Section 162(2), proposing any change or modification in the Master Plan inviting objections and thereafter consider them. Furthermore, a modification, if may, had to be published in the Official Gazette under Section 162(3). It is further stated that no modification- of the published plan could be carried out until and unless it is approved by the State Government under Section 162(5).

6. Mr. Moti Singh also argued that the so-called publication of the