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"], ["2022 0 Supreme(Raj) 723"], ["2022 0 Supreme(Raj) 1942"]. 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"], ["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 ["2022 0 Supreme(Raj) 723"], ["2023 0 Supreme(Raj) 1337"]. 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"], ["2022 0 Supreme(Raj) 1942"].
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 ["2025 Supreme(Online)(Raj) 16260"], ["2022 0 Supreme(Raj) 3077"], ["2026 0 Supreme(Ori) 62"]. 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 ["2022 0 Supreme(Raj) 3077"], ["2026 0 Supreme(Ori) 62"].
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"], ["2022 0 Supreme(Raj) 1942"]. 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 ["2022 0 Supreme(Raj) 723"], ["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"], ["2022 0 Supreme(Raj) 723"], ["2022 0 Supreme(Raj) 1942"].
In rural Rajasthan, land—essential pasture for village cattle—often faces pressure from industrial and public projects. A frequent question arises: Allotment of the 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 preservation is prioritized, courts permit limited diversions for , typically requiring strict compensation measures. This post explores the legal framework, judicial interpretations, and practical steps, drawing from , and key rulings. Note: This is general information; consult a legal expert for specific advice.
land, classified as common pasture under Rajasthan's land revenue system, supports village cattle per (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 ... 2022 0 Supreme(Raj) 723
Under of the , when land is reclassified for such as industry or public utility, the Collector must set apart an equal area of as replacement pasture in the same village, if available. This is not discretionary; courts interpret may as mandatory to preserve pasture needs 2021 0 Supreme(Raj) 128 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 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 land. 2023 0 Supreme(Raj) 3
Rule 7 provides the core process:
(1) The Collector may, in consultation with the Panchayat, change the classification of any pasture land... as (), for allotment for agricultural or any : 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 , if available, as pasture land in the same village. 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 meets cattle needs 2022 0 Supreme(Raj) 723 2023 0 Supreme(Raj) 3.
Panchayat consultation is mandatory, linking to (1963 Rules), which defer to 1955 Rule 7 for uses like schools 2022 0 Supreme(Raj) 2535
.
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 purposes.
2022 0 Supreme(Raj) 723- For a Super Speciality Hospital (134 acres gomal, 25 acres used), balance was deemed reasonable with compliance 2022 0 Supreme(Raj) 723.- Gram Panchayat Bhawan allotments followed of another khasra as
.
Broader precedents from other jurisdictions echo caution: De-reservation of for industry should occur only in exceptional circumstances and for valid reasons, often needing consent or alternatives 2020 0 Supreme(Jhk) 62 2013 0 Supreme(Ori) 361. Though not binding in Rajasthan, they align with sparing exercise principles.
Unauthorized mutations for industry are invalid 2023 0 Supreme(Raj) 233.
While strict, exceptions exist:- Availability-Dependent: No replacement if no suitable land; courts scrutinize claims 2021 0 Supreme(Raj) 128.- : Allowed sparingly for hospitals, IT, grids, but not without compensation 2022 0 Supreme(Raj) 723 2023 0 Supreme(Raj) 3. Private industry faces higher bars.- Area/Jurisdiction: >4 ha needs State nod; urban limits to public uses 2021 0 Supreme(Raj) 128.- No Retrospective Ban: Compliant past allotments upheld; violations quashable via 2022 0 Supreme(Raj) 723.- Counter: Some view industry as public utility, but compensation is key to avoid shortages 2023 0 Supreme(Raj) 3
.
Note contrasts: In other states like Santhal Parganas, de-reservation needs exceptional reasons and may not allow easy substitution without jurisdiction 2007 0 Supreme(Jhk) 664 2011 0 Supreme(SC) 45. Rajasthan prioritizes Rule 7 equivalence.
For industrial proposals:- Secure .- Collector initiates 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 or .
State authorities must prioritize nearby alternatives; lapses risk invalidation 2022 0 Supreme(Raj) 723.
Rajasthan law generally mandates equal replacement pasture when allotting 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 needs.
References (selected):1. 2021 0 Supreme(Raj) 128: Rule 7 verbatim.2. 2022 0 Supreme(Raj) 723: Mandatory ratios.3. 2023 0 Supreme(Raj) 3: Compensation examples.4.
: 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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