JAS RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition in the nature of Public Interest Litigation is preferred on behalf of the petitioner claiming the following reliefs :

(2.) Vide order dtd. 30/3/2021, the District Collector, Barmer has converted 500 Sq. Meters of land, out of 1.13 Bigha land, recorded as Gair Mumkin Gochar falling in Khasra No.4114/3723 while exercising powers under Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 (for short 'the Rules of 1955') and thereafter has allotted the said 500 Sq. Meters of land for the purpose of erecting a Martyr Memorial (for short 'Shahid Smarak') while exercising powers under the Conditions for (Allotment of Unoccupied Government Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility), 1963 (for short 'the Conditions of 1963') at village Patodi. Simultaneously, the District Collector, Barmer has also ordered for converting 500 Sq. Meters of Gochar land out of 3.16 Bigha of Khasra No.3717 of village Patodi recorded as Barani Soyam.

(3.) Brief facts necessary for adjudication of the case are that on 5/3/2021, the Gram Panchayat, Patodi has filed an application before the Tehsildar, Pachpadra, District Barmer requesting for allotting 8 Biswa of Gair Mumkin Gochar land out of 1.13 Bigha of land falling in Khasra No.4114/3723 of village Patodi for the purpose of constructing Shahid Smarak. The Gram Panchayat has also offered that in compensation of the allotment of 8 Biswa of land of Khasra No.4114/3723 of village Patodi, 8 Biswa of land of Khasra No.3717 be set apart as Gochar. Along with the said application, a resolution of this effect passed by the Gram Panchayat dtd. 5/3/2021 is also enclosed. The Gram Panchayat has also enclosed a No Objection Certificate stating therein that if 8 Biswa of the land of Khasra No.3717 is set apart for Gair Mumkin Gochar, the Gram Panchayat has no objection.