HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 16838/2021

1.

Girdhari Lal S/o Shri Joga Ram, Aged About 42 Years, By

Caste Meghwal, Resident Of Village Garnia Tehsil Jaitaran

District Pali.

2.

Mahendra Singh Saran S/o Shri Sata Ram, Aged About 47

Years, Resident Of Village Garnia Tehsil Jaitaran District

Pali.

3.

Dala Ram S/o Shri Ghewar Ram, Aged About 40 Years, By

Caste Devasi, Resident Of Village Garnia Tehsil Jaitaran

District Pali.

4.

Mohan Lal S/o Shri Labu Ram, Aged About 40 Years, By

Caste Sirvi, Resident Of Hunawas Khurd, Naya Bera,

Gram Panchayat Garnia Tehsil Jaitaran District Pali.

----Petitioners

Versus

1.

The State Of Rajasthan, Through Secretary, Department

Of Revenue (Gr.3), Govt. Of Rajasthan, Secretariat,

Rajasthan, Jaipur.

2.

Joint Secretary, Department Of Revenue (Gr.3),

Rajasthan, Jaipur.

3.

Principal Secretary, Department Of Local Self Cum State

Mission Director, Amrut And Smart Cities, Rajasthan,

Jaipur.

4.

The District Collector, Pali.

5.

Sub Divisional Officer, Jaitaran, District Pali.

6.

Tehsildar (Revenue), Jaitaran, District Pali.

7.

Executive Officer, Municipal Board, Jaitaran District Pali.

----Respondents

For Petitioner(s)

:

Mr. R.S. Choudhary

For Respondent(s)

:

Mr. Sunil Beniwal, AAG

Mr. Rajesh Parihar

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

(2 of 6)

[CW-16838/2021]

21/10/2022

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).

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 adadmeasuring 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.

(3 of 6)

[CW-16838/2021]

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.

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. vs

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 be