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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANGEET LODHA, RAMESHWAR VYAS, JJ.
Kalyan Singh S/o Belsi Ram - Appellant
Vs.
State of Rajasthan, Through The Secretary, Revenue Department, State f Rajasthan, Secretariat, Jaipur (Raj.) - Respondent
D.B. Spl. Appl. Writ No. 51/2020, D.B. Spl. Appl. Writ No. 52/2020, D.B. Spl. Appl. Writ No. 223/2020
Decided On : 29-06-2021
Civil Procedure Code 1908 - Article 21 – Constitution of India - Rajasthan Land Revenue Rules, 1970 - Rule 7 - Rajasthan Land Revenue Rules, 2007 - Rule 5 , 2 , 3 , 4 , 6 and 12A - Rajasthan Tenancy Act, 1955 - Section 16 - Rajasthan Land Revenue Act, 1956 - Section 100 , 90B , 145 and 148 - khatedari land - Land of public utilities - Temple, cremation ground, school etc - Petitioners claiming themselves to be khatedar tenants and cultivators - Whether land sought to be allotted is available for allotment or not –
Finding of the Court:
Appellants regarding allotment of land made being violative undoubtedly, said Rules makes provision for allotment of land in favour of R.R.E.C. or R.S.P.D.C.L. for setting up and developing solar park on terms and conditions specified, under which R.R.E.C. or R.S.P.D.C.L. are empowered to sub lease land leased out but then, said provision in no manner creates exclusive right in favour of R.R.E.C. or R.S.P.D.C.L. for allotment of land for developing solar park - To put in other words, does not debar State Government from allotting land in favour of any other entrepreneur for developing solar park, if is otherwise permissible in terms - As defined Solar park” is a group of solar plants/solar power plants/solar PV power plants/solar thermal power plants/solar farms in same location used for production of electric power - Specifies maximum area to be allotted for setting up of renewable energy power plant - For Solar Photo Voltaic or Crystalline Technology, area specified is 3.5 Hectare per MW, whereas for Solar Photo Voltaic on thin film/Amorphous Technology, area specified is 2.5 Hectare per MW - It is not even case of appellants before this Court that land has been allotted in favour of respondent companies for developing Solar Park of projected capacity, ignoring yardstick of maximum area specified and thus, contention sought to be raised on behalf of appellants regarding alleged violation of provisions is also untenable –
Result: Writ petition is allowed
ORDER :
Sangeet Lodha, J.
1. These intra-Court appeals directed against orders dated 27.11.19 passed by the learned Single Judge of this Court, dismissing the writ petitions preferred by the appellants assailing the legality of the allotment of the lands made in favour of M/s. Essel Saurya Urja Company of Rajasthan Limited (“ESUCRL”) in revenue villages Ugras and Nagnechinagar of Tehsil Phalodi, District Jodhpur and in favour of Adani Renewable Energy Park Rajasthan Limited (“AREPRL”) in revenue village Nedan, Tehsil Pokaran, District Jaisalmer, for establishment of Solar Park, were heard together and are being disposed of by this common order.
2. To appreciate the controversy raised in these appeals, it would be appropriate to notice the brief facts of the each case:
Precisely, the case set out by the writ petitioners in the writ petition was that they are in cultivatory possession of the disputed land and are residing there after constructing dhani for last 40-45 years. The land in question has been allotted to the respondents ignoring their rights and without issuing any notice to them. The petitioner claimed to be khatedar tenant of the land and averred that prior to allotment of land in question in favour of ESUCRL, no land has been allotted in their favour. The petitioners claimed that despite request being made by them, their possession has not been regularised by the revenue authorities. Further, according to the writ petitioners, the land allotted to the respondent Company includes the lands of charagah, water tank (talab), hills, oran, river, school, temple and residential etc., the allotment whereof is prohibited under the law. The writ petitioners while assailing the legality of the allotment made in favour of ESUCRL sought direction to the respondents not to dispossess them from the land in their possession.
A reply to the writ petition was filed by the State before the learned Single Judge taking the stand that the land allotted to ESUCRL is siway chak Government land and not khatedari land of the petitioners as alleged. It is averred that the possession of the land allotted has already been handed over to the respondent Company after following the due procedure of law. The State categorically denied the factum of existence of dhani, tanka, talab, hills etc. upon the land in question. According to the State, the land allotted is rocky and not cultivable as alleged by the petitioners.
This special appeal arises out of the order dated 27.11.19 passed by the learned Single Judge in Writ Petition No.16304/18. The writ petitioners claiming themselves to be khatedar tenants and cultivators of the agriculture land comprising various khasras of village Ugras, challenged the legality of order dated 23.3.18, issued by the District Collector, Jodhpur allotting the land measuring 2045.11 bighas comprising khasra no.359, 360/20 and 361 of revenue village Ugras, in favour of ESUCRL for installation of 450 Mega Watts Solar Park. The petitioners averred that they are in cultivatory possession of the land of the aforementioned khasras of village Ugras for last 40-45 years. The petitioners placed on record the jamabandi of their land annexed with the writ petition as Annexure-1.
Precisely, the case set out by the writ
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