GIRDHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners herein being the villagers of Gram Panchayat Garnia aggrieved of the orders dtd. 19/8/2021 (Annexure-9) passed by the Joint Secretary, Revenue Department recommending the conversion of 20 bighas land from Khasra No. 260 (Gair Mumkin Gochar), Tehsil Jaitaran, Village Garnia as Sivay Chak and to compensate the same by 20 bighas of land of village Kurki, Tehsil Jaitaran as well as the order (Annexure-10) dtd. 3/9/2021 passed by the District Collector, Pali setting part land ad measuring 20 bighas from Khasra No. 260 for the purpose of establishing the Sanitary Landfill Site in compliance of the order dtd. 19/8/2021 (Annexure-9).

(2.) The petitioners have questioned the legality and validity of these orders on various grounds, the first and foremost being that the District Collector has no legal authority to pass such an order. Another submission is made that the land in question falls within the catchment area of the village pond of village Garnia and if the Sanitary Landfill Site is constructed thereupon, the flow of water through the site would pollute the water and thereby contaminate the village pond. 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. Submission is also made that the land granted by way of compensation is located at a significant distance and thus, the same would be of no use whatsoever for grazing purposes. Another submission is made that the member of the Legislative Assembly of Jaitaran as well as the Sarpanch and the villagers of the Gram Panchayat Garnia and so also the Members of the Municipality, Jaitaran have taken resolutions regarding the said piece of land not being viable for the purpose of establishment of the Sanitary Landfill Site.

(3.) The respondents in reply have opposed the submissions advanced by the petitioners. Reliance is placed on the judgment rendered by this Court in the case of Lalit Choudhary and Ors. v. State of Rajasthan and Ors. (D.B. Civil Writ Petition No. 5386/2021, decided on 24/1/2022) wherein, it has been held that under Rule 7 of the Rajasthan Tenancy (Government Rules), 1955 as amended vide notification dtd. 3/11/2020, the District Collectors have been given powers to set apart pasture land for allotment to be used for public purposes and that prior permission of the State Government is not required for exercising such powers. Reference is also made to another judgment rendered by this Court in the case of Hari Ram and Ors. v. State of Rajasthan and Ors. (D.B. Civil Writ Petition No. 6995/2022, decided on 27/8/2022) wherein, in an identical controversy regarding setting up of carcass disposal plant, this Court repelled the challenge laid thereto at the instance of the villagers.