MEGHWAL SAMAJ SHIKSHA SAMITI Vs. LAKH SINGH

JUDGEMENT

(1.) A village pond in village Raniwara Kalan, District Jalore, was shown as 'gair mumkin nada', in the revenue records. The said pond fell into disuse and after sometime the District Collector, Jalore allotted 0.48 hectares out of the said area, on a 99 year lease to Meghwal Samaj Shiksha Samiti ('Samiti' for short), the Appellant in C.A. No. 821/2004, vide order dated 6.8.2001 for the purpose of construction of a students' hostel.

(2.) One of the villagers (the first Respondent in the two appeals) challenged the allotment of land in a public interest litigation on the ground that the village pond cannot be allotted for construction. The High Court, by the impugned order dated 20.11.2002, allowed the said petition. It recorded a finding that the land records clearly showed that the disputed plot allotted to the Samiti was part of the village pond. It held that such land which formed part of a pond could not have been allotted for the purpose of making any construction. Therefore, the High Court allowed the petition and set aside the allotment dated 6.8.2001 in favour of the Samiti. However, having noted the fact that the land had been allotted to the Samiti for the purpose of a students hostel for the benefit of backward classes, the High Court directed the State government to allot a suitable alternative land for the said hostel purpose to the Samiti within three months.

(3.) The said order is challenged in these two appeals by the Samiti and by the State government. As noticed above, the High Court, after examining the revenue records, has recorded a finding of fact that the land which was allotted, was a pond. Learned Counsel for the Appellants in the two appeals contended that the land though described in the revenue records as a 'gair mumkin nada' was neither a pond nor a channel leading to a water body and there is no water in the said land; and that the patwari had given a report that the land was fit for allotment and therefore there was no irregularity in the allotment.