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2022 Supreme(Raj) 723

Keshar Singh S/o Shri Momata Ram – Appellant
Versus
State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur – Respondent


Advocates appeared:
For the Petitioners: Mr. Kamlesh Rawal
For the Respondents:Mr. Rajesh Joshi, Sr. Advocate with Mr. Chandraveer Singh, Mr. Ramdayal

Judgement Key Points

Based on the provided legal document, the key legal principles and findings are as follows:

  1. 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 (!) (!) .

  2. 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 (!) (!) .

  3. 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 (!) (!) .

  4. 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 (!) (!) .

  5. 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 (!) (!) (!) .

  6. 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 (!) (!) .

  7. 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 (!) (!) .

  8. 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 reducti

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