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2024 Supreme(Online)(RAJ) 1176
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
GRAM PANCHAYAT KALYAN SINGH KI SIDD PANCHAYAT SAMITI BAP – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 10542 / 2023
Mr. Moti Singh, Mr. Rajesh Panwar, Sr. Advocate, AAG assisted by Mr. Ravindra Puri, AGC and Ms. Meenal Singhvi, Dr. Sachin Acharya, Sr. Advocate through VC assisted by Mr. Jitendra Mohan and Mr. Karan Parihar and Mr. Samyak Dalal
The State must consider local governance objections before land allotment, balancing development with community needs and rights.
Headnote:(A) Rajasthan Land Revenue (Allotment of Land for Setting Up of Power Plant Based on Renewable Energy Sources) Rules, 2007 - Allotment of land for solar power project - The Gram Panchayat challenged the allotment of 3128 bighas of land to a private company, arguing it violated statutory provisions and ignored local needs. The court found that the State failed to consider the Gram Panchayat's objections, which were crucial for future development and basic amenities. (Paras 4, 46, 90)
(B) Tenancy Act, 1955 - Section 16 - The allotment was argued to contravene provisions regarding land use and catchment areas. The court ruled that the land classified as 'Gair Mumkin Magra' could be allotted, provided it did not interfere with water bodies. (Paras 71, 80)
(C) Constitutional Rights - Articles 14 and 21 - The court emphasized the need to balance development with the rights of local residents and their future needs. (Paras 67, 68)
Facts of the case:
The Gram Panchayat contested the allotment of land for a solar project, claiming it would deprive the village of essential resources and amenities. The State had approved the allotment without adequately addressing the Panchayat's concerns. (Paras 1, 16, 20)
Findings of Court:
The court found that the State's actions disregarded the Gram Panchayat's representations and failed to consider the future needs of the village. It directed that at least 10 bighas of land be reserved for local use. (Paras 90, 94)
Issues: The main issues included whether the State was required to consider the Gram Panchayat's objections and if the allotment violated statutory provisions. (Paras 46, 56)
Ratio Decidendi: The court held that the State must consider local needs and objections from the Gram Panchayat before allotting land, emphasizing the fiduciary duty of the State to its citizens. (Paras 55, 67)
Result: The writ petition was partly allowed, directing the State to reserve land for the village's future needs.
CAV Judgment
REPORTABLE Reserved on:- 25/07/2024 Pronounced on:- 21/08/2024
1. The Gram Panchayat Kalyan Singh Ki Sidd (hereinafter referred to as the ‘Gram Panchayat’) has approached this Court calling the order dated 06.04.2021 in question, whereby the State has accorded permission for allotment of 800 bighas land of Kharsra No.1 and 2328 bighas land of Khasra No.14 of the revenue village Kalyan Singh Ki Sidd, Tehsil Bap, Jodhpur (hereinafter referred to as ‘the Village’) to the respondent No.4.
2. Before adverting to the grounds raised in the writ petition and rival contentions, it would be apt to be abreast with the facts, which would be relevant for the purpose of pronouncing upon the challenge laid by the petitioner.
3. The revenue village Kalyan Singh Ki Sidd had 7013.08 bighas land at the time of settlement, spreading in 6 different khasras being Khasra Nos.1, 12, 14, 15 28 and 77 out of which 30.17 bighas land of Khasra No.1 and 1309.02 bighas land of Khasra No.14 (in total 1339.19 bighas land) were recorded in the name of State Government, as has been indicated in the report dated
24.07.2024 filed with the additional affidavit dated 25.03.2024.
3.1. Apart from the above, 833.06 bighas land of Khasra No.1 and 4472 bighas land of Khasra No.14 were recorded as Gair Mumkin Magra (uncultivable hillock). It may be pertinent to mention that the term ‘Magra’, is a vernacular version of expression ‘Hillock’ and ‘Gair Mumkin’ means impossible or not possible.
3.2. It is relevant to note that out of the total land of the village, 36 bighas land has been earmarked as pasture land.
3.3. It is also pertinent to note that for the purpose of water conservation, the State Government has developed a kachha dam in the name of ‘Modakiya Nada’ under the Mahatma Gandhi NAREGA Scheme.
3.4. The respondent no.5 – Rajasthan Renewable Energy Corporation Limited (hereinafter referred to as ‘the RREC’) sent a letter dated 28.09.2020 to the District Collector, Jodhpur for allotment of government land for development of 300 megawatt solar power project at village Kalyan Singh ki Sidd to be developed by M/s. SBE Renewables 15 Private Limited (respondent No.4).
3.5. The communication aforesaid indicated that for the purpose of project of generation of 300 megawatt electricity, 600 acres land would be required, while also indicating that respondent No.4 has identified 724 hectares government land in Khasra Nos.1 and 14 of Kalyan Singh ki Sidd Village. The particulars of the land given to the District Collector is as under:
| Details of Revenue Land of Village Kalyan Singh ki Sid, Tehsil Bap, District Jodhpur | ||||||||||
| S.No. Khasra\nNo. | Type of\nLand | Area as per record | Area applied for allotment | |||||||
| Bigha | Biswa | Acres | Hectares | Bigha | Biswa | Acres | Hectares | |||
| 1 | 1 | GM\nMagra | 830 | 17 | 332.34 | 134.44 | 830 | 17 | 332.34 | 134.44 |
| 2 | 14 | GM\nMagra | 4247 | 0 | 1698.80 | 687.22 | 3642 | 2 | 1456.8\n4 | 589.34 |
| 5077 | 17 | 2031.14 | 821.66 | 4472 | 19 | 1789.1\n8 | 723.78 |
3.6. In furtherance of the communication so sent by the RREC, the Additional District Collector (First) sent a letter to the Tehsildar Bap to send his report as to whether the land proposed by RREC can be allotted to respondent No.4.
3.7. The Additional District Collector sought information on 28 different points, such as - whether the subject land has been allotted to someone else? Whether the allotment is likely to effect electric transmission lines and right of way? Whether it would effect ecological system and whether the proposed land is a part of the catchment area or flow of any river?
3.8. Though the letter was sent to Tehsildar but the Patwari concerned with the approval of Tehsildar Bap sent a report dated 19.10.2020, inter-alia stating that 830.17 bighas land in khasra No.1 and 3642.01 bighas land in khasra No.14 of the village are recorded as Gair Mumkin Magra (uncultivable hillock). It was indicated that a Nala exists in khasra No.1 and if the land covered by the said Nala is kept apart, remaining 800 bighas land can be allotted. In relation to khasra No.14, it was indicated t
