GAJENDRA KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition purportedly filed in public interest seeks to quash the order dated 7th January, 2011 passed by District Collector, Jaisalmer by which he had allotted 1890.01 bighas of land in villages Damodara, Dujasar, Jamra, Khabha, Khabhiya, Kanoi, Dedha, Salkha, Keshvo -Ki -Basti and Siyalo -Ki -Basti Tehsil Jaisalmer District Jaisalmer to M/s. Vish Wind Infrastructure Limited for establishment of 159.2 Megawatt Wind Energy Farm, for which recommendations were made in its favour by the State Government, on certain conditions. The petitioners have also prayed for setting aside the lease deed dated 24th February, 2011 executed by District Collector, Jaisalmer of the land measuring 1792.11 bighas in the aforesaid villages for a period of 30 years for setting up Wind Farm Project with a provision for further extension, after permission of the State Government and for which the possession of the land was given to the lessee in the villages on various dates between 19.1.2011 and 28.1.2011.

(2.) THE allotment of land dated 7th January, 2011 and the lease deed dated 24th February, 2011 have been challenged by the petitioners allegedly running a "Resort Rawala" in Jaisalmer on the ground that setting up of Wind Energy Farm will adversely affect the petitioners' health and livelihood and the health of their animals including cows, goats and camels; and is also likely to affect the heritage character of District Jaisalmer, which is known as "Golden City". The tourism in the District has been seriously affected by the setting -up of several Wind Mills in the District of Jaisalmer. The Wind Mills have caused "visual pollution", affecting the enjoyment of camel safaris run in the District by the tourists from every part of the world. The tourists enjoy the culture, life -style, festivals, historical & heritage monuments and sand -dunes with lakes having a fascinating view of sunset in the middle of Thar desert. It is alleged that the setting up of Wind Mills in the District of Jaisalmer affects the geographical status, religion and rich culture of the District.

(3.) MR . M.C. Bhoot, learned counsel for the petitioners submits that apart from the public interest, which this petition seeks to serve, the procedure for allotment of the land to M/s. Vish Wind Infrastructure Limited, suffers from gross violation of the provisions of the Rajasthan Land Revenue (Allotment of Land for setting up of Power Plant based on Renewable Energy Sources) Rules, 2007 (for short, hereinafter referred to as "the Rules of 2007"). A large area recorded as gochar land has been allotted by the State Government without following the prescribed procedure, which requires consideration of the proposals by the Gram Panchayat before making any allotment. The Rajasthan Tenancy Act, 1955 and the Rajasthan Land Revenue Act, 1956 prohibit the allotment of land of public utility including gochar land to a private party. The land used cannot be converted except in accordance with the procedure provided under the Rules. Section 16 of the Rajasthan Tenancy Act and Section 90B of the Rajasthan Land Revenue Act prohibit the allotment of land in the catchment area. Instead of taking approval from the Gram Panchayat for conversion of agricultural land for industrial use, the permission was directly given by the State Government purportedly at the influence of politicians and on which, the Rajasthan Renewable Energy Corporation Ltd. recommended allotment of land to M/s. Vish Wind Infrastructure Ltd. for establishment of Wind Power Project for generating 159.2 Megawatt of electricity.