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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rekha Borana, Sandeep Mehta, JJ.
Keshar Singh S/o Shri Momata Ram - Appellant
Vs.
State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - Respondent
D.B. Civil Writ Petition No. 12119 of 2021
Decided On : 10-03-2022
Constitution of India, 1950 – Article 226 – Code Of Civil Procedure,1908 - Order 1 Rule 10 - Rajasthan Tenancy Act, 1955 - Sections 5(28) - Land Revenue Act, 1956 - Section 92 - Rajasthan Tenancy (Government) Rules, 1955 - Rule 4 - summary enquiry from the villagers - Rule 6 – surveyed - Rule 7 - Allotment or setting apart of pasture land - Pasture land - Land may be set apart for special purposes – Held, As submitted on record, it is clear that no other adequate medical facility is available in village - A bare perusal of representation as submitted by villagers to Collector shows that land allotted for construction of Community Health Center is on main road which according to villagers would be most suitable for setting up medical facility of immense public importance - It has specifically been stated in said representation that villagers have no objection against construction of Community Health Center on allotted land and hindrance thereto, is being caused by people who have some personal grievance against same - Certificate as issued by Sarpanch of Gram Panchayat also specifically states that there is sufficient pasture land available in the village and even land set apart in khasra is adequate for purpose - A perusal of record also clarifies that construction of Community Health Center is a part of budget declaration by Chief Minister of State and in pursuance to same, construction of same has been taken up – Petition dismissed.
Based on the provided legal document, the key legal principles and findings are as follows:
The land in question, specifically khasra No.856 and other associated khasras, was allotted for the construction of a Community Health Center, which is considered a public purpose of significant importance (!) (!) .
The land originally comprised a larger area, some of which had been previously allotted for other public purposes, such as a government school, and the current allotment results in a reduction of the gochar (pasture) land. However, the record indicates that the remaining gochar land still exceeds the minimum requirement for the cattle population of the village (!) (!) .
The villagers and local authorities have expressed no objection to the land being used for the health facility, and representations have been made supporting the suitability of the allotted land for this purpose (!) (!) .
The legal framework governing pasture land permits the setting apart, classification, and change of land use, including the conditions under which pasture land can be allotted for non-pasture purposes. Notably, prior permission from the State Government is generally required, except when the land is allotted for government offices or buildings, where such permission is not mandatory (!) (!) .
The law recognizes that pasture land can be converted to other uses if the power to do so is validly exercised under applicable laws, and that an equivalent area of land must be set apart as compensation, which should be suitable and adequate for gochar purposes (!) (!) (!) .
The authorities have followed the legal procedures, including consultation with the Gram Panchayat and verification by relevant authorities, and the land allotted is on a main road, making it suitable for the intended medical facility (!) (!) .
The construction of the Community Health Center aligns with the state’s development plans and budget allocations, and the process appears to be in accordance with the legal provisions governing land use and pasture land management (!) (!) .
The petition challenging the allotment lacks legal merit as the land was allotted following the prescribed legal procedures, and the remaining pasture land in the village is sufficient to meet the cattle’s needs (!) (!) .
In conclusion, the legal principles support the view that the land allotment for the health center is lawful, properly executed, and does not violate provisions related to pasture land or land use regulations. The petition for judicial intervention is dismissed as the land use complies with applicable laws and the public interest is served.
ORDER :
The matter comes upon an application under Order 1 Rule 10 CPC filed on behalf of 48 villagers of the village Rewatra for impleadment in the present petition as party respondents on the ground that the present public interest litigation has been filed by the petitioners within an ulterior motive to somehow hinder the development proceedings in the village.
2. For the reasons stated in the application, same is allowed.
3. With the consent of the parties, the present PIL petition itself is heard finally.
4. The present public interest litigation has been filed against the order dated 28.07.2021 passed by the District Collector, Jalore whereby 1.60 hectares of land falling in khasra No.856, village Rewatra, District Jalore recorded in the revenue records as gair mumkin gochar has been allotted for construction of a Community Health Center.
5. It has been averred by the petitioners in the present petition that khasra No.856 originally comprised of 13.66 hectares out of which some land was allotted in the year 1973 and again in the year 2011 for construction of a government school. Now again 1.60 hectares land has been allotted for Community Health Center which would mean the reduction in gochar land and resultantly only 10 hectares of land would now remain for the purposes of gochar. It has further been averred that the land which has been set apart in khasra No.1054 in lieu of the said gochar land is not appropriate for the said purpose as most of the land is having ditches and babool trees are standing in maximum part of it. The action of the government in allotting the land out of the present gochar land and setting apart compensatory chunk of land in some other khasra would clearly amount to fragmentation of the existing gochar land.
6. A reply to the petition has been filed on behalf of the State and it has been averred that the land allotted in khasra No.1054 in lieu of the gochar land is perfectly appropriate for gochar purposes and the said fact has also been duly verified by the Gram Panchayat of the village. It has further been averred on behalf of the State that as of date, 25.47 hectares of land is still available in the village in the nature of gochar and the same is enough for the cattle in the revenue village Rewatra which number stands at 1382.
7. On behalf of the newly added respondents i.e. the other villagers of village Rewatra, it has been argued that there is no medical facility available in the village which comprises of a population of 8000-10000 people. Therefore, the construction of the Community Health Center in the village is totally in the interest of the village. It has also been averred that a donor is ready and willing to contribute Rs.1 Cr. for the purpose of construction of the Community Health Center but the offer could not be acted upon because of the interim order passed in the present PIL. It has also been argued that adequate gochar land is available in the village and the villagers have no objection and would rather insist that the Community Health Center should be constructed on the allotted land. Even a representation to that effect has been averred to be given by the said villagers to the Collector.
8. Rejoinder to the reply filed by the State has been preferred by the petitioners and it has been submitted that for the purpose of allotment of gochar land by the Collector, prior permission by the State Government is mandatory and in the present case no permission from the State Government before allotment of the land has been obtained by the Collector.
9. Heard the parties and perused the material available on record.
10. Before adverting to the facts of the present case, it is essential to consider the provisions of law and the precedent law pertaining to the “gochar/pasture land.”
11. Sections 5(28) of the Rajasthan Tenancy Act, 1955 defines pasture land:
The court upheld the validity of the land allotment for a project of national importance and found it to be in accordance with Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955.
The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.
Section 14 of RSIR Act, 2016 provides for public notice of draft Master Development Plan and invitation of objections from public including suggestions.
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
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