NARENDRA SINGH BHATI Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) The instant writ petition in the nature of Public Interest Litigation has been preferred by the petitioners herein being residents of the Gram Panchayat Kan Singh Ki Sid, Tehsil Bap, District Jodhpur for assailing the action of the respondents in dereserving and declassifying land admeasuring 451 Bighas from the Gochar land of Kan Singh Ki Sid and allotting it to the Power Grid Corporation Of India Limited (hereinafter referred to as 'the PGCIL') for installation of 765/400/220 K.V. Grid Sub Station.

(2.) We have considered the submissions advanced at bar and have gone through the pleadings of the parties and the other material placed on record.

(3.) The petitioners seek to question validity of the action of the respondents in declassifying 451 Bighas of Gochar land from Khasra No.240, Village Kan Singh Ki Sid. In this regard, challenge has primarily been laid to the order (Annexure-4) dtd. 28/8/2019 issued by the District Collector, Jodhpur whereby, acting upon the letter dtd. 6/5/2019 issued by the Sub Divisional Officer, Bap, the District Collector accepted the recommendation and directed declassification of the above chunk of Gochar (Pasture) land and recommended the allotment thereof to the PGCIL on payment to the tune of Rs.5,19,51,324.00. At the same time, 451 Bighas of land from Khasra No.491, Village Kan Singh Ki Sid (classified as 'Gair Mumkin Magra') was allotted by way of compensating the reduction in Gochar land on account of above allotment. The foundation of the petitioners' challenge to the impugned order is two fold: