MOTI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present PIL has been filed challenging the order whereby the land comprising of Khasra No. 1572 of village Saiyon Ka Tala has been allotted for the purpose of construction of Panchayat Bhawan of the newly formed Gram Panchayat.

(2.) It has been averred in the present Public Interest Litigation that although a more suitable land situated in the center of the village was surrendered by certain villagers for the construction of Panchayat Bhawan, the Sarpanch has, in his own interest, passed a resolution for the allotment of the land comprising of Khasra No. 1572 which is a land recorded as "Gochar" in the revenue records. It has further been averred that firstly, the gochar land cannot be allotted for any other purpose and secondly, the same being at a far distance from the center of the village would not be convenient for the villagers.

(3.) A reply has been filed on behalf of the State and it has been averred that the petitioner had surrendered the land on 16/6/2020 whereas the process for allotment of the land for construction of Panchayat Bhawan had been set in motion on 13/2/2020 itself. Secondly, the process for setting apart of the land in lieu of the gochar land has already been taken up by the revenue authorities and an equal land comprising of Khasra No. 1801/1602 has been set apart for the gochar purposes. For the same No Objection Certificate has also been issued by the Gram Panchayat.