The main legal point established in the judgment is the unquestionable legality of the orders recommending the conversion of land for a Sanitary Landfill Site, as well as the viability and feasibility of the identified site.

JUDGMENT

1. The instant writ petition has been filed by the petitioners herein being the villagers of Gram Panchayat Garnia aggrieved of the orders dated 19.08.2021 (Annexure-9) passed by the Joint Secretary, Revenue Department recommending the conversion of 20 bighas land from Khasra No. 260 (Gair Mumkin Gochar), Tehsil Jaitaran, Village Garnia as Sivay Chak and to compensate the same by 20 bighas of land of village Kurki, Tehsil Jaitaran as well as the order (Annexure-10) dated 03.09.2021 passed by the District Collector, Pali setting part land ad measuring 20 bighas from Khasra No. 260 for the purpose of establishing the Sanitary Landfill Site in compliance of the order dated 19.08.2021 (Annexure-9).

2. The petitioners have questioned the legality and validity of these orders on various grounds, the first and foremost being that the District Collector has no legal authority to pass such an order. Another submission is made that the land in question falls within the catchment area of the village pond of village Garnia and if the Sanitary Landfill Site is constructed thereupon, the flow of water through the site would pollute the water and thereby contaminate the village pond. Submissions have also been made that Gram Panchayat Garnia has limited Gochar land admeasuring 260 bighas only and if huge chunk of land admeasuring 20 bighas is deducted therefrom for the purpose of construction of the Sanitary Landfill Site, the grazing land for the cattle would be drastically reduced. Submission is also made that the land granted by way of compensation is located at a significant distance and thus, the same would be of no use whatsoever for grazing purposes. Another submission is made that the member of the Legislative Assembly of Jaitaran as well as the Sarpanch and the villagers of the Gram Panchayat Garnia and so also the Members of the Municipality, Jaitaran have taken resolutions regarding the said piece of land not being viable for the purpose of establishment of the Sanitary Landfill Site.

3. The respondents in reply have opposed the submissions advanced by the petitioners. Reliance is placed on the judgment rendered by this Court in the case of Lalit Choudhary & Ors. v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 5386/2021, decided on 24.01.2022) wherein, it has been held that under Rule 7 of the Rajasthan Tenancy (Government Rules), 1955 as amended vide notification dated 03.11.2020, the District Collectors have been given powers to set apart pasture land for allotment to be used for public purposes and that prior permission of the State Government is not required for exercising such powers. Reference is also made to another judgment rendered by this Court in the case of Hari Ram & Ors. v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 6995/2022, decided on 27.08.2022) wherein, in an identical controversy regarding setting up of carcass disposal plant, this Court repelled the challenge laid thereto at the instance of the villagers.

4. During the course of arguments, learned counsel Shri R.S. Choudhary pointed out that the petitioners have undertaken an extensive exercise and have been able to identify alternate Gochar lands in the village Patus, Thakarwas, Bhakarwas, Khatikheda, Khinawari and Katoliya where Sanitary Landfill Site can be constructed at such places.

5. To this submission, learned counsel for the respondents, while referring to satellite maps submitted that none of these villages are having proper road access and thus, the transportation of the solid waste material to such locations would be impossible. It is pointed out that site which has been identified and set apart under the impugned orders is located just adjacent to the Jaipur-Jodhpur highway. It has further been submitted that the Sanitary Landfill Site will be encumbered by a high boundary wall, the foundations whereof will be of reinforced concrete and thus, there is no possibility of any contamination of water on account of the land f