Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Replacement of Gochar Land with Equal Compensation Land - The Rajasthan Act emphasizes that when gochar (pasture) land is allotted for non-grazing purposes, an equivalent area of land must be set apart as compensation, suitable for gochar purposes ["KESHAR SINGH Vs STATE OF RAJASTHAN - Rajasthan"], ["Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723"], ["Moti Ram VS State Of Rajasthan - Rajasthan"]. The land used as compensation should be adequate, suitable, and of similar nature to the original pasture land. If the land's classification is legally changed, the law mandates the mandatory setting apart of an equal area of land as pasture (gochar) land ["KESHAR SINGH Vs STATE OF RAJASTHAN - Rajasthan"], ["Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723"].
Legal Procedures and Conditions - The process involves consultation with Panchayats and prior permission from the State Government for changing land classification, ensuring transparency and legality ["Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723"], ["Jabar Singh, S/o. Panne Singh VS State of Rajasthan, Through Secretary, Department of Rural Department and Panchayati Raj Jaipur - Rajasthan"]. In cases where land is converted from pasture to other purposes, the law requires that an equal land area be allocated for grazing (gochar) purposes as compensation ["KESHAR SINGH Vs STATE OF RAJASTHAN - Rajasthan"], ["Moti Ram VS State Of Rajasthan - Rajasthan"].
Issues with Non-Compliance and Illegal Allotments - Several cases highlight violations, such as allotting land without following proper procedures, bypassing the requirement for equal compensation, or changing land classification unlawfully ["SHANKAR SINGH GOHIL Vs. STATE OF RAJASTHAN - Rajasthan"], ["Kheem Singh Rathore VS State of Rajasthan - Rajasthan"], ["Madhab Majhi vs State of Odisha - Orissa"]. For instance, allotments made without compensating the loss to gochar land or without proper consultation are deemed illegal and contrary to the provisions of the Rajasthan Land Revenue Act ["Kheem Singh Rathore VS State of Rajasthan - Rajasthan"], ["Madhab Majhi vs State of Odisha - Orissa"].
Specific Court Rulings and Principles - Courts have emphasized that any change in land use involving gochar land must include setting apart an equal area for grazing purposes, and failure to do so invalidates such allotments ["KESHAR SINGH Vs STATE OF RAJASTHAN - Rajasthan"], ["Moti Ram VS State Of Rajasthan - Rajasthan"]. Additionally, the law restricts de-reservation or diversion of gochar land for industrial or other purposes unless strict legal procedures, including compensation and prior approval, are followed ["Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723"], ["Sangharsh Sewa Samiti, Bhilwara, Through Its President Chotu Lai Athariya S/o Shri Chhoga Lai Athariya VS State Of Rajasthan - 2021 0 Supreme(Raj) 128"].
Analysis and Conclusion:The Rajasthan Act and judicial rulings collectively establish that replacing gochar land with other land for industrial or non-agricultural purposes must be accompanied by the allotment of an equal area of suitable, legal gochar land as compensation. Any deviation from this legal requirement, such as allotting land without proper procedures or without providing equivalent pasture land, is illegal. Therefore, the practice of substituting gochar land with other land should be replaced by a system that mandates the allotment of equivalent land for grazing purposes, ensuring legal compliance and protection of village grazing rights ["KESHAR SINGH Vs STATE OF RAJASTHAN - Rajasthan"], ["Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723"], ["Moti Ram VS State Of Rajasthan - Rajasthan"].
In rural Rajasthan, gochar land—essential pasture for village cattle—often faces pressure from industrial and public projects. A frequent question arises: Allotment of the gochar land to other industry should be replaced by allotting equal land as compensation, Rajasthan act. This touches on balancing development needs with livestock grazing rights under state tenancy laws. While gochar preservation is prioritized, courts permit limited diversions for public interest, typically requiring strict compensation measures. This post explores the legal framework, judicial interpretations, and practical steps, drawing from Rajasthan Tenancy (Government) Rules, 1955, and key rulings. Note: This is general information; consult a legal expert for specific advice.
Gochar land, classified as common pasture under Rajasthan's land revenue system, supports village cattle per Rule 6 of the 1955 Rules (roughly 0.5 bigha per head). Its diversion for non-agricultural uses like industry sparks disputes, as inadequate grazing can harm rural economies. Courts emphasize sparing use, reinforcing that the power conferred upon the Collector under Rule 7... should be exercised sparingly only in the larger public interest... Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723
Under Rule 7(2) of the Rajasthan Tenancy (Government) Rules, 1955, when gochar land is reclassified for non-agricultural purposes such as industry or public utility, the Collector must set apart an equal area of unoccupied culturable Government land as replacement pasture in the same village, if available. This is not discretionary; courts interpret may as mandatory to preserve pasture needs Sangharsh Sewa Samiti, Bhilwara, Through Its President Chotu Lai Athariya S/o Shri Chhoga Lai Athariya VS State Of Rajasthan - 2021 0 Supreme(Raj) 128Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3.
Allotment without such compensation generally violates the rule and can be challenged judicially. For instance, in grid substation cases (industry-like), equal declassification occurred: District Collector forwarded... declassify 451 Bighas... for compensating the reduction... and at the same time, land of equal dimension from Khasra No.491 was allotted for compensating the Gochar land. Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3NARENDRA SINGH BHATI Vs STATE OF RAJASTHAN
Rule 7 provides the core process:
(1) The Collector may, in consultation with the Panchayat, change the classification of any pasture land... as unoccupied culturable Government land (Sawai Chak), for allotment for agricultural or any non-agricultural purposes: Provided that in case where the area... exceed 4 hectares, the Collector shall obtain permission of the State Government... (2) Where classification of any pasture land is changed under sub-rule (1), the Collector may set-apart an equal area of unoccupied culturable Government land, if available, as pasture land in the same village. Sangharsh Sewa Samiti, Bhilwara, Through Its President Chotu Lai Athariya S/o Shri Chhoga Lai Athariya VS State Of Rajasthan - 2021 0 Supreme(Raj) 128
This applies to industrial allotments, treating them as non-agricultural. Courts uphold diversions for public projects (hospitals, IT centers) only with equivalent, suitable replacement—ensuring post-allotment gochar meets cattle needs Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3.
Panchayat consultation is mandatory, linking to Rajasthan Land Revenue (Allotment of Unoccupied Government Agricultural Lands) Rules, 1963 (1963 Rules), which defer to 1955 Rule 7 for gochar uses like schools Vinod Kumar VS State Of Rajasthan - 2022 0 Supreme(Raj) 2535SHARWAN KUMAR vs STATE OF RAJASTHAN.
Rajasthan High Court rulings reinforce mandatory replacement:- Diversions are exceptional, requiring suitability: The nature of the land being set apart in lieu of pasture land is also to be kept in consideration. The land to be set apart in compensation should also be adequate and suitable for gochar purposes. KESHAR SINGH Vs STATE OF RAJASTHANKeshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723- For a Super Speciality Hospital (134 acres gomal, 25 acres used), balance was deemed reasonable with compliance Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723.- Gram Panchayat Bhawan allotments followed declassification of another khasra as gochar SHARWAN KUMAR vs STATE OF RAJASTHAN.
Broader precedents from other jurisdictions echo caution: De-reservation of gochar for industry should occur only in exceptional circumstances and for valid reasons, often needing consent or alternatives Ishwari Das VS State of Jharkhand - 2020 Supreme(Jhk) 62Jitendra Rout VS State of Odisha - 2013 Supreme(Ori) 361. Though not binding in Rajasthan, they align with sparing exercise principles.
Unauthorized mutations for industry are invalid Papapuri S/o Chimanpuri VS State of Rajasthan - 2023 0 Supreme(Raj) 233.
While strict, exceptions exist:- Availability-Dependent: No replacement if no suitable land; courts scrutinize claims Sangharsh Sewa Samiti, Bhilwara, Through Its President Chotu Lai Athariya S/o Shri Chhoga Lai Athariya VS State Of Rajasthan - 2021 0 Supreme(Raj) 128.- Public Interest: Allowed sparingly for hospitals, IT, grids, but not without compensation Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3. Private industry faces higher bars.- Area/Jurisdiction: >4 ha needs State nod; urban limits to public uses Sangharsh Sewa Samiti, Bhilwara, Through Its President Chotu Lai Athariya S/o Shri Chhoga Lai Athariya VS State Of Rajasthan - 2021 0 Supreme(Raj) 128.- No Retrospective Ban: Compliant past allotments upheld; violations quashable via writ Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723.- Counter: Some view industry as public utility, but compensation is key to avoid shortages Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3KISHNA RAM and ORS vs STATE REVENUE and ORS.
Note contrasts: In other states like Santhal Parganas, gochar de-reservation needs exceptional reasons and may not allow easy substitution without jurisdiction Pakur Jagran Manch VS State Of Jharkhand - 2007 Supreme(Jhk) 664State of Jharkhand VS Pakur Jagran Manch - 2011 Supreme(SC) 45. Rajasthan prioritizes Rule 7 equivalence.
For industrial gochar proposals:- Secure Panchayat NOC.- Collector initiates Rule 7(1) reclassification; State approval if >4 ha.- Pre-identify equal, suitable unoccupied culturable land; document surplus post-replacement.- Verify Rule 6 cattle needs.- Challenge non-compliance via writ or PIL.
State authorities must prioritize nearby alternatives; lapses risk invalidation Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723.
Rajasthan law generally mandates equal replacement pasture when allotting gochar to industry, safeguarding rural livelihoods amid development. Courts balance interests through Rule 7's framework, consultation, and suitability tests. Non-compliance invites judicial intervention, as seen in hospital and substation cases.
Developers and villagers should prioritize documentation and procedures. For tailored guidance, engage local revenue experts or advocates familiar with Rajasthan Tenancy laws. Stay informed—land use policies evolve with public interest needs.
References (selected):1. Sangharsh Sewa Samiti, Bhilwara, Through Its President Chotu Lai Athariya S/o Shri Chhoga Lai Athariya VS State Of Rajasthan - 2021 0 Supreme(Raj) 128: Rule 7 verbatim.2. Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723: Mandatory ratios.3. Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3: Compensation examples.4. KESHAR SINGH Vs STATE OF RAJASTHAN: Suitability emphasis.
#GocharLandLaws #RajasthanLandRules #IndustrialAllotment
Allotment or setting apart of pasture land. ... The nature of the land being set apart in lieu of pasture land is also to be kept in consideration. The land to be set apart in compensation should also be adequate and suitable for gochar purposes. ... If a ‘gochar’ land is allotted for any other purpose permitted under law, that is to say, the classification of any pasture land is changed in terms of law, ....
referred to as ‘the Rules of 1955’) and that the Gram Panchayat never gave any such consent for the allotment in question, and (ii) that the land of Khasra No.491 set apart by way of compensation for the Gochar land, is categorised as ‘Gair Mumkin Magri’ and thus, the same would ... the Gochar land. ... Act of 1956), as unoccupied cultivable Government land (Sawai Chak), for allotment for agricultural or any non-a....
land for allotment under the Rules of 1963. ... for the purpose the allotment has been made. ... in exercise of powers under Rajasthan Land Revenue (Allotment of unoccupied Govt. ... The State Government has passed the impugned order alloting the piece of land for the aforesaid case of the appellant that the gochar land fall short of the requirement.
The nature of the land being set apart in lieu of pasture land is also to be kept in consideration. The land to be set apart in compensation should also be adequate and suitable for gochar purposes. 5. ... Section 92 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), as unoccupied culturable Government land (Sawai Chak), for allotment for agricultural or any non- agricultural purposes: {Provided th....
Moti Singh, has challenged the allotment order (Annex.13) dated 19.01.2021, in which, the respondents have set apart the gochar land and has excerpt the required land and has in the meanwhile allotted 1.2 hectares from the gochar/charagah land for the purpose of consuming 1 acre for the Panchayat Bhawan ... of the Rajasthan Land Revenue Act and remove all kind of encroachment from the land in question. ... that if land#HL_....
another khasra is recorded as gochar in view of the said allotment. ... of land for the construction of the Gram Panchayat Bhawan and for alloting that though the petitioner has approached the District Collector failed to point out violation of any provision of law/rules in the allotment ... of village Delwan for the purpose of construction of Gram Panchayat Bhawan and 0.40 hactare land of p style="position:absolute;white-space
time, land of equal dimension from Khasra No.491 was allotted for compensating the Gochar land. ... land set apart under section 92 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act of 1956), as unoccupied cultivable Government land (Sawai Chak), for allotment for agricultural or any non-agricultural purposes ... following the due process of law and that alternate land of #....
Provided that if land recorded as pasture (Gochar) is to be allotted, the procedure of consultation with panchayat as laid down in Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 framed under the Rajasthan Tenancy Act, 1955 (Act 3 of 1955) shall be followed: p align ... 92 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), as unoccupied culturable Government land (Sawal Chak), for allotment for agricultura....
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 ... the loss caused to the grazing area as per Section 7 of the Rajasthan Tenancy Act. ... reserved for grazing purposes and on the strength theeof, it is alleged t....
No.2, namely, Revenue Divisional Commissioner, Central Division, Cuttack conducted enquiry and held that the allotment of the government land in question to the IDCO for the purpose of industry is legitimate and objections raised by the petitioners are devoid of any merit. ... Our attention was also drawn to the provisions of the Orissa Industries (Facilitation) Act, 2004 (Orissa Act 14 of 2004) in this regard. On the recommendation of the Nodal Agency, IDCO has granted lease of the land#HL_EN....
When any “Gochar” land is deserved, the State Government should also make available an alternative land as “Gochar”. Moreover, since the “Gochar” land is treated as common village land, the consent of the village headman and the jamabandi raiyats is also required to be obtained before de-reservation of the “Gochar” land. However, the de-reservation of the “Gochar” land has to be made only in exceptional circumstance and for valid reasons.
If the land is not recorded as gochar or village grazing land, or if the land ceases to be shown as gochar or village grazing land in the Record-of-Rights for valid reasons, then the bar under section 38(1) will not apply. The High Court has also erroneously assumed that once a land is recorded as gochar, such land should forever be gochar. The manner of recording a land as gochar (or village grazing land), or the manner of de-reserving any land recorded as gochar (or village grazing land) is not governed or regulated by section 38 of the Tenancy Act. The ....
Therefore, the State has no authority to construct the hospital on the Gochar land on the strength of notification which lacks jurisdiction. It is clear from the reading of the sections and the object of introduction of these provisions that the nature of land cannot be allowed to be changed. This section does not give any jurisdiction to the State to take away the Gochar land from the purview of the Act and to declare another land as a Gochar land to bring that land under the purview of the Act. In other words, the nature of the land declared under the provisions of the Ac....
Order petitioner alongwith his brothers was entitld to the The respondents have not allotted the land in favour of the petitioner to the extent of his share despite that the petitioner has made a representation to the respondents for allotment of the land copy whereof is annexed with the petition. allotment of two Kanals of land and also compensation. Letter dated 31-1-1989 annexed with the petition reveals that the Plot No. 7 measuring one Kanal in Commercial Complex Rail Head area, Jammu has been allotted in favour of Durga Dass and LuderMani.
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