Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
In environmental and sanctuary-related cases, the distance from protected areas (e.g., 2.7 km from a sanctuary) is crucial; projects cannot be approved if the alternate site is too far or not environmentally compliant ["2022 Supreme(Online)(NGT) 1330"], ["2022 Supreme(Online)(NGT) 1732"].
Analysis and Conclusion:
References:- ["2022 0 Supreme(Raj) 1188"]- ["GIRDHARI LAL vs THE STATE OF RAJASTHAN - Rajasthan"]- ["2023 0 Supreme(Raj) 1337"]- ["1995 0 Supreme(Guj) 420"]- ["2004 0 Supreme(Raj) 337"]- ["2004 0 Supreme(Raj) 343"]- ["2022 Supreme(Online)(NGT) 1330"]- ["2022 Supreme(Online)(NGT) 1732"]
In rural India, particularly in Rajasthan, —essential pasture or grazing land for livestock—plays a vital role in village economies and agriculture. When such land is acquired for , governments often provide alternate as compensation. But a common question arises: Can alternate be given at a distance of 20 km from the original site?
This issue touches on statutory rules, environmental considerations, and administrative approvals. While there's no blanket prohibition, allocation at such distances typically requires compliance with specific norms. This post breaks down the legal position, drawing from guidelines and case law, to provide clarity. Note: This is general information, not specific legal advice—consult a qualified lawyer for your situation.
, governed under , especially Rule 7, is reserved for communal grazing. When declassified or acquired for projects like infrastructure or medical colleges, equivalent alternate land must often be provided to maintain village pasture needs. Courts have emphasized that post-allocation, available pasture should meet or exceed requirements—sometimes 15 times the norm. 2023 0 Supreme(Raj) 3
The core principle: Alternate land should be in 'reasonable proximity,' factoring in , infrastructure, and . A rigid 20 km limit isn't universally mandated, but distances are scrutinized.
Legal documents and guidelines do not explicitly bar alternate at 20 km. Instead, it may be permissible if statutory, environmental, and administrative requirements are met, with requisite approvals.2019 0 Supreme(UK) 192 2001 4 Supreme 457
Key points from frameworks:- Proximity Emphasis: Land should consider ', infrastructural feasibility, and .' No fixed maximum distance like 20 km is stated. 2019 0 Supreme(UK) 192- Environmental Buffers: For analogous uses like landfills, sites must be 100 meters from rivers, 200 meters from ponds, highways, habitations, etc. Exceptions require . 2019 0 Supreme(UK) 192- Flexibility in Exceptions: Landfill sites can be within 10 or 20 km of airports with / NOC, showing distances can be relaxed with approval. 2019 0 Supreme(UK) 192
In essence, 20 km isn't automatically invalid but demands justification. Without approvals, it could be challenged as non-compliant. 2020 0 Supreme(SC) 40
Under the (Sections 4(4)(e), 8), alternatives must align with project needs. For expansions like medical colleges, courts insist on contiguous sites, rejecting distant relocations (e.g., 2.5 km deemed too far for policy discretion). 2026 Supreme(Online)(Ker) 7749
CHALLAGALI CHAITANYA KUMAR Vs THE UNION OF INDIA
These illustrate that while shorter distances (under 5 km) are preferred, longer ones like 20 km may work with approvals, especially for national projects. 2023 0 Supreme(Raj) 3
Courts consistently prioritize context over fixed distances:
In a PIL challenging 451 bighas gochar for a grid substation (national importance), the court upheld allotment under Rule 7, noting post-allocation pasture was 15 times required. 's suitability mattered more than exact distance. 2023 0 Supreme(Raj) 3
Petitioners claimed overlooked 50-acre alternate at 2.5 km, but the court ruled expansions require contiguous land, dismissing challenges. Public interest and prevailed. 2026 Supreme(Online)(Ker) 7749
A Rajasthan case rejected 30 biswas gochar diversion for , citing significant distance of , devoid of merit.
These cases show courts assess holistically: project urgency, environmental impact, and approvals trump arbitrary distances. 2012 6 Supreme 1
Alternate land at 20 km may qualify under:- NOCs for Environmental Clearances: Essential for buffers or airport proximity. 2019 0 Supreme(UK) 192- Public Interest Projects: National grids or colleges get leeway if pasture norms met. 2023 0 Supreme(Raj) 3- EIA Compliance: Assessments ensure no violations. 2020 0 Supreme(SC) 40- Consent: Often required; absence can invalidate. 2023 0 Supreme(Raj) 3
Without these, allocations risk invalidation, as in compost yard cases needing Panchayat notifications. 2012 0 Supreme(AP) 572
For stakeholders:- Seek pre-approvals.- Conduct EIAs.- Ensure equivalent quality/size.
Alternate can generally be allocated 20 km away if it complies with Rajasthan Tenancy Rules, environmental guidelines, and secures approvals—no categorical ban exists. Proximity is favored, but exceptions abound for justified cases.
Key Takeaways:- No fixed 20 km cap; case-by-case basis. 2019 0 Supreme(UK) 192- Prioritize NOCs, EIAs, and public interest. 2001 4 Supreme 457- Courts uphold flexible distances with compliance. 2023 0 Supreme(Raj) 3- Always verify contiguousness for expansions. 2026 Supreme(Online)(Ker) 7749
This analysis draws from documents like 2019 0 Supreme(UK) 192, 2001 4 Supreme 457, 2020 0 Supreme(SC) 40, 2012 6 Supreme 1, and cases. For tailored advice, engage legal experts familiar with Rajasthan laws.
#GocharLand #LandAllocation #RajasthanLaw
Submissions have also been made that Gram Panchayat Garnia has limited Gochar land admeasuring 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 ... In view of the above discussion, we are of the firm opinion that it is not a fit case warranting interference in the decision of the respondents to sanction 20 big....
bighas 30 biswas land from gochar land of Khasra No.260 Village Garnia for setting up the Sanitary devoid of any merit. ... Submission is also made that the land granted by way of compensation is located at a significant distance and thus, the Jaitaran, Village Garnia as Sivay Chak and to compensate the p style="position
iii) The alternate land is located at a distance of 2.5 Kms from the existing Medical College campus. ... To suggest that there is another 50 acres of land, which is available at a distance of 2.5 Kms and that the whole Medical College or part thereof, can be relocated and constructed at that alternate site, tantamounts to interfering with the discretion of the Government, as regards its policy decision ... Thus, the so called avai....
the Gochar land. ... compensating the reduction in the Gochar land. ... Reply to the writ petition has also been filed by the respondent No.6 PGCIL wherein, it has been averred that the subject allotment of the land for establishment of the grid sub station was made after following the due process of law and that alternate land of equal measurement has been allotted for ... At the same time, 451 Bighas of land from Khasra No.491, Village Kan Singh Ki....
Koti Reddy, learned counsel for the petitioner submits that the petitioner had offered a site at a distance of 3.4 kms., from the junction in the belief that the 3 km., distance would be measured after the end of the first kilometre and that the petitioner is willing to offer alternate site within the ... Note-3 of guideline 4(v) states that in case the alternate land offered by the Letter of Intent holder is found not meeting the laid down criteria....
The alternate site measuring 4.03 acres was inspected and on inspection it was found that the said land is located within 2 kms from the acquired land, and it is located at a distance of 250 metres. ... of the original land owner, merely on the suggestion made by the legal heir that alternate land will be provided. ... Hence to provide house site pattas to more than 120 persons, alternat....
... 10 The Collector has also found that the finding by the Land Tribunal is incorrect and that the distance between the kudikidappu site and the alternate site is beyond one mile. ... There were two reports by two Revenue Inspectors regarding the distance of the alternate site from the kudikidappu site, one report saying that it is beyond one mile and the second report saying that it is within one mile. ... ... 11 The Collecto....
The appropriate directions were given by the Government for changing the land from Gochar to Bilanam. 128 Bighas of land has been reserved for the said purpose. The minutes of the meeting dated 22-7-2003 were placed before the Court. ... The site visited by all concerned authorities and the brick kiln owners sought to be shifted. The Gochar land of village Odwadiya. Tehsil, Mavil was found to be more suitable for shifting brick kilns from the city of Udaipur. ... It w....
The appropriate directions were given by the Government for changing the land from Gochar to Bilanam. 128 Bighas of land has been reserved for the said purpose. The minutes of the meeting dated 22-7-2003 were placed before the court. ... The site visited by all concerned authorities and the brick kiln owners sought to be shifted. The Gochar land of village odwadiya, Tehsil, Mavli was found to be more suitable for shifting brick kilns from the city of Udaipur. ... It w....
According to his submissions, letter dated 16th June, 1995 is to be considered as a whole and conditions mentioned therein would apply provided the limestone is to be obtained from the alternate site at Kharda at a distance of 100 kms. away from the sanctuary. ... The learned Advocate for the petitioner submitted that the Ministry considered the request for reinstating the exemption on the basis that limestone will be obtained from the alternate site from Kharda at the distan....
During the FVC, the 5th respondent offered his own land situated in Khewat No.479, Khatoni No.625, Khasra No.135//17 (7-9) at Village Sanch, Tehsil Pundri, District Kaithal. In response thereto, the Tehsildar addressed reply dated 20.02.2019 stating that, upon spot-verification and perusal of the record, it was found that the 5th respondent was the owner of 21 kanals 9 marlas in Khewat No.479 in Village Sanch and that his name was entered in the record in 2012-13 itself. According to the IOCL, this land is situated at a distance of 14 Kms. from the limits of Pundri. The IOC....
In the case of grant of land to accused No.10Karthik, from the perusal of documents recovered by the Anti Corruption Bureau it is seen that land was granted to him despite there being no application and no mention made in the inward register maintained at the office to receive any such application in the past. In the case of grant of land to accused No.10Karthik, it can be seen from perusal of the documents recovered by the Anti Corruption Bureau that land was granted to him despite there being no application to the said effect and no mention made in the inward register maintained at the off....
The establishment of compost yard would result in contamination of irrigation channels and hazardous to health of the villagers. On the western, northern and southern sides of the village site, there are irrigation channels for providing ayacut to Acs.300.00 of agricultural lands, water for fish/prawn tanks besides being source of drinking water. The land is at a distance of 1 1/¬2 KMs from the village. The land is proposed for establishment of the municipal compost yard for dumping garbage of 150 (M.T.) per day. The land is proposed for establishment of the municipal compo....
The site plan printed therein shows that the site transferred is located at a distance of 3.20 kms. from the existing site of the University at Sadiq Road and is located across railway line and the Rajasthan and Sirhind Canals. 6. The petitioners have also attached a brochure published by the PUDA for sale of residential plots in the land so transferred. The said site is on Kotkapura-Talwandi Bhai-Faridkot byepass, whereas the existing site of University is located at Ferozepur- Kotkapura main road.
The Reference Court rejected Ex. P5 in determining market value of land since it found that the land covered by Ex. P-5 in determining compensation for the acquired land. We are of the opinion that the Reference Court erred in rejecting Ex. P5 was at a distance of 2 kms from the acquired land.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
