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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Farjand Ali, JJ.
Vinod Kumar – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
D.B. Civil Writ Petition No. 5165/2022
Decided On : 08-04-2022
Land Allotment - Rajasthan Land Revenue Act - Rules of 1963 - [1, 2, 3, 4, 5, 6, 7] - The court discussed the provisions of the Rajasthan Land Revenue Act and the Rules of 1963 governing the allotment of government land for public purposes. The court highlighted the consultation process with the panchayat, maximum area to be allotted for different purposes, terms and conditions of allotment, allotting authority, remission of land revenue, and the power of the State Government to allot land exceeding the maximum area specified.
Fact of the Case:
The petitioner sought to challenge the allotment of land for a school playground, arguing that it was illegal and contrary to the Rules of 1963.
Finding of the Court:
The court found that the allotment of land for the school playground was in accordance with the Rules of 1963 and therefore dismissed the writ petition.
Issues: The main issue was whether the allotment of land for the school playground was in compliance with the Rules of 1963.
Ratio Decidendi: The court held that the allotment was in consonance with the Rules of 1963, specifically highlighting the provisions related to consultation with the panchayat and the maximum area to be allotted for different purposes.
Final Decision: The writ petition was dismissed as the court found the allotment to be in accordance with the Rules of 1963.
JUDGMENT
1. The petitioner herein has approached this Court by way of instant writ petition seeking to assail the order dated 12.07.2021 passed by District Collector, Churu whereby, acting on the recommendations of the Sub-Divisional Officer, Sardarshahar, 3.24 hectares land was set apart from the Gair Mumkin Gochar land of the Village Kanwlasar, Tehsil Sardarshahr District Churu to be used as a school playground.
2. Shri M.S. Godara, learned counsel for the petitioner vehemently and fervently urged that the impugned order is absolutely illegal and contrary to the Rajasthan Land Revenue, (Allotment of Unoccupied Government Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility) Rules, 1963 (hereinafter referred to as the 'Rules of 1963').
3. We have heard and considered the submissions advanced by Shri Godara and have gone through the impugned order as well as Rules of 1963.
4. For the sake of ready-reference, the Rules of 1963 are reproduced hereinbelow:-
"[1. Class of land to be allotted. - Any unoccupied Government land may be allotted for any of the purposes mentioned in clause 2. if the allotting authority is satisfied that no suitable unculturable land is available:]
Provided that if land recorded as pasture (Gochar) is to be allotted, the procedure of consultation with panchayat as laid down in Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 framed under the Rajasthan Tenancy Act, 1955 (Act 3 of 1955) shall be followed:
Provided further that lands which are irrigated by any source or are recorded as public path, beds of river or tank shall not be allotted without prior approval of the State Government:
Provided also that no allotment shall be made without prior consultation of Town Planning Department in case of cities and towns for which Master Plan has been approved or is under preparation.
[2. Maximum Area to be allotted. - Subject to the requirements, the maximum area to be allotted shall be shown below]-
|
| Purpose | Maximum Area to be Allotted |
| (a) | Primary Schools | 2 acres (including school and hostel buildings as well as play grounds) |
| (b) | Middle Schools | 5 acres (including school and hostel buildings as well as play grounds) |
| (c) | Secondary Schools/Senior Secondary Schools/BSTC Schools | 10 acres (including schools and hostel buildings as well as play grounds) |
| (d) | Degree and postgraduate colleges | 30 acres (including college and hostel buildings as well as play grounds) |
| (e) | Central Schools managed by Kendriya Vidyalaya Sangathan | 15 acres (including schools and hostel buildings as well as play grounds) |
| (f) | Navodya Vidyalaya managed by Navodaya Vidyalaya Sangathan | 30 acres (including school and hostel buildings as well as play grounds). |
| (g) | Hostels | 2 acres (including play grounds) |
| (h) | Panchayat Ghars | 5/16 acres |
| (i) | Dharamshalas, Musafirkhanas | 1/2 acres |
| (j) | All types of dispensaries | 1 acre |
| (k) | Primary Health Centre | 2 acres |
| (l) | Government office building | 2 acres |
| (m) | Temples, Gurudwaras, 200 sq. Yards Mosques or other religious places | 200 Sq. Yards |
| (n) | Other buildings of public utility | 5/16 acres] |
3. Term and condition of allotment.- [(i) The allotment shall be made on lease hold basis for a period of 99 years. The lease deed shall be in Form-I.
(ii) The allotment to a Government Department or an institution or a local body, or an authority or a Board shall be made free of cost.]
The allotment to non-government institutions shall be made on a premium at the following rates-
(a) If allotted land is situated within a municipal boundary of a town or city the premium shall be equivalent to 75% of market price of agricultural land to be determined according to the index price as fixed for registration purposes.
(b) I
The main legal point established in the judgment is that the allotment of government land for public purposes must comply with the provisions of the relevant laws and rules, particularly the consulta....
The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.
The court emphasized the limitations on land allotment to educational institutions under the U.P. Zamindari Abolition and Land Reforms Act, 1950, and the discretionary power of the State Government i....
The court's extraordinary writ jurisdiction cannot be invoked to enter into disputed questions of facts that are under consideration of the competent revenue courts.
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
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