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SANDEEP MEHTA, KULDEEP MATHUR
Kheem Singh Rathore – Appellant
Versus
State of Rajasthan – Respondent
What is the authority of the District Collector to allot land for Aabadi development under the Rajasthan Tenancy Act when the land is classified as Gochar or Gair Mumkin Bhakar? What is the court's position on misclassification of land in relation to the Collector's power under Section 7 of the Rajasthan Tenancy Act? What is the court's conclusion regarding whether the impugned order violates statutory requirements or public interest?
Key Points: - The land in question was originally classified as "Gair Mumkin Bhakar" and part reserved for mining; the Collector’s order to allot for Aabadi development upheld. (!) (!) (!) - The respondent argued misclassification in Jamabandi; the court found the misclassification did not render the Collector’s action void and that the order did not infringe Section 7. (!) (!) (!) - The court noted no contravention of mandatory legal requirements or public interest; ex-parte stay vacated and writ petition allowed to proceed for final disposal. (!) (!) - The petitioner’s reliance on Gochar status was rejected; master plan and mining considerations were weighed, with no absolute prohibition on Aabadi development. (!) (!) - The case involved a PIL challenging the District Collector, Barmer’s 29.10.2020 order; stay granted then vacated. (!) (!) (!)
JUDGMENT
Sandeep Mehta, J. - This writ petition in the nature of PIL has been preferred by the petitioner for assailing the order dated 29.10.2020 passed by the District Collector, Barmer whereby, the land admeasuring 49 Bighas 5 Biswas from Khasra No.3241/1650 Mauja Barmer has been set apart/allotted/transferred to the Municipal Council, Barmer for Aabadi development.
2. While entertaining the writ petition, this Court passed an ex- parte ad interim stay order dated 08.02.2021 staying the effect and opration of the order dated 29.10.2020.
The foundation of the petitioner's challenge to the impugned order is that the land in question is reserved as pasture land and thus, the District Collector, Barmer had no authority under the Rajasthan Tenancy Act so as to set apart the same for Aabadi development. It is further stated that Section 7 of the Rajasthan Tenancy Act does empower the District Collector to set apart Gochar land for the purposes mentioned in the Section but, in such a situation, the District Collector has to set apart an equal area of land to compensate the deficiency caused in the Gochar area. The petitioner has referred to certified copies of the Jamabandis and on the st
The court established that misclassification of land does not negate the authority of the District Collector to allot land for public development under the Rajasthan Tenancy Act.
The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.
The court established that the State can allot Gairan land for public purposes under the PMAY, overriding restrictions in the MLRC due to the authority granted by the MRTP Act.
Protection of prohibited land and removal of illegal encroachments under the Rajasthan Tenancy Act, 1955.
Unjust and improper vesting of land in the State Government, based on unproven allegations and unreasoned orders, is in violation of the principles of natural justice and contrary to the policy of re....
Section 14 of RSIR Act, 2016 provides for public notice of draft Master Development Plan and invitation of objections from public including suggestions.
The central legal point established in the judgment is the protection of land forming part of johar paitan from being divested for any other use, as specified under Section 16 of the Act of 1955, and....
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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