The importance of Gram Sabha resolutions for construction decisions and the non-statutory nature of guidelines issued by the State Government.

JUDGMENT

Vijay Bishnoi, J. - This writ petition has been filed on behalf of the petitioner essentially being aggrieved with the allotment of 500 square meters of land of Khasara No. 62/5 of Village Imam Nagar for the purpose of construction of new Panchayat Bhawan of Gram Panchayat Imam Nagar Rabadiya. The said allotment was made by the respondent No. 1 - Jodhpur Development Authority, Jodhpur (hereinafter to be referred as 'the respondent No. 1 - JDA') vide allotment letter dated 12.10.2021.

2. The petitioner has also challenged the order dated 10.03.2022 passed by the District Program Coordinator Mahatma Gandhi NREGA and District Collector, Jodhpur (hereinafter to be referred as 'the District Collector, Jodhpur'), whereby it has sanctioned the amount of Rs. 39.12 lac for the purpose of construction of new Gram Panchayat Bhawan and a multipurpose hall for the use of self help group as well as for panchayat use at Gram Panchayat Imam Nagar Rabadiya.

3. The petitioner is Up-Sarpanch of Gram Panchayat Imam Nagar Rabadiya, Panchayat Samiti Dhwa, District Jodhpur and is claiming that the land allotted for the purpose of construction of new Panchayat Bhawan is not suitable place for the same. It is also claimed that as per the orders and guidelines issued by the State Government from time to time, at least 3 acres (5 bighas) of land is required for the purpose of construction of Panchayat Bhawan but the respondent No. 1 - JDA has allotted less than 3 acres (5 bighas) of land for the said purpose. It is further claimed that allotment of the land by the respondent No. 1 - JDA was made only at the request of Sarpanch alone and the entire Gram Panchayat was not taken into confidence before the allotment of the land in question.

4. Learned counsel for the petitioner has submitted that as per the Condition for (Allotment of Unoccupied Govt. Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility), 1963 (hereinafter to be referred as 'the Condition of 1963'), the minimum area of 1 acre (1.67 bighas) is required to be allotted for the purpose of construction of Panchayat Bhawan but the allotment made by the respondent No. 1 - JDA of less amount of land is illegal.

5. Learned counsel for the petitioner has further submitted that as there is no proposal either from Gram Panchayat or from Gram Sabha, the allotment made by the respondent No. 1 - JDA of land less than 3 acres is illegal and the same is liable to be set aside.

6. It is also averred in the writ petition that the many representations were filed on behalf of the villagers before the respondent No. 2 - Chief Executive Officer, Zila Parishad, Jodhpur but no heed was paid to the said representations and the District Collector, Jodhpur vide order dated 10.03.2022 has illegally granted financial and administrative sanction for construction of new Panchayat Bhawan at Gram Panchayat Imam Nagar Rabadiya.

7. Heard learned counsel for the petitioner and perused the material available on record.

8. The petitioner in Para No. 13 of the writ petition has clearly averred that according to the revenue record the land of Khasara No. 62/5 of Village Imam Nagar is entered in the name of respondent No. 1 - JDA and as such when the land in question itself is recorded in the name of respondent No. 1 - JDA, this Court does not find any illegality in the action of respondent No. 1 - JDA of allotting the land of Khasara No. 62/5 of Village Imam Nagar for the purpose of construction of new Panchayat Bhawan of Gram Panchayat Imam Nagar Rabadiya.

9. So far as the orders and guidelines issued by the State Government on 13.03.2020 and 07.09.2020 for the purpose of construction of Panchayat Bhawan are concerned, it has nowhere been provided that minimum 3 acres (5 bighas) of land is required to be allotted for the purpose of construction of Panchayat Bhawan but it is mentioned that around 3 acres (5 bighas) of land is required to be allotted for the pu