M/S R.P.BRICKS INDUSTRIES Vs. STATE

JUDGEMENT

(1.) In the present set of writ petitions there is an interesting controversy as to whether the Revenue Department of the State Government can demand conversion charges for use of agricultural land for non-agricultural purposes by the present petitioners, which are situated in the colony area covered under the provisions of Rajasthan Colonisation Act, 1954 or other than colony area, the khatedari agricultural land covered by the provisions of Rajasthan Land Revenue Act, 1956.

(2.) The petitioners have set up brick kilns on their respective agricultural lands and some of the brick kilns fall in colony areas on the agricultural land allotted to the petitioners under the Colonization Act, 1954, which area includes command land (irrigated through canals or water courses constructed by the State Government like Indira Gandhi Nahar Pariyojna etc.) or uncommand land and the petitioners have set up their brick kilns on their such agricultural lands, after obtaining mining leases from the Mining Department for excavation of brick earth, a minor mineral.

(3.) The present writ petitions are directed against the show cause notices issued by the revenue authorities like Addl. Collector or Tehsildar, Sriganganagar and Hanumangarh etc.,who have called upon the petitioners to show cause and demanded the conversion charges for use of such agricultural land for non-agricultural purposes under Section 90-A of the Rajasthan Land Revenue Act, 1956.