JAGMAL RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This writ petition in the nature of a public interest litigation has been filed by the petitioner seeking quashing of order dt. 30.09.2015 (Annexure -13) passed by the District Collector, Jodhpur, whereby, land comprised in Khasra No. 2543 has been allotted for office building and residential purposes for revenue employees of Tehsil Lohawat. It is, inter alia, claimed in the writ petition that as Tehsil Phalodi had a very large area, a new Tehsil Lohawat was created by bifurcating the area of Tehsil Phalodi; as there was necessity of having residences for the staff and building of the Tehsil, by resolution dt. 05.03.2014 the land comprised in Khasra No. 1131 was provided by Gram Panchayat and a no objection was issued for construction of the Tehsil building; whereafter, the land was mutated in the name of Tehsil Office Building, Lohawat and tender of M/s. Sri Construction, Jodhpur was accepted for construction of the building. It is then claimed that after change of Sarpanch of Gram Panchayat, Lohawat, the Gram Panchayat passed a resolution for allotment of land for Tehsil building and residential building and the Gram Panchayat also issued no objection certificate qua Khasra No. 2543 and proposed that the land be compensated from Khasra No. 1131.

(2.) The petitioner filed D.B. Civil Writ Petition No. 7871/2015, which was dismissed as premature.

(3.) Whereafter, as the allotment has been made vide Annexure -13 dt. 30.09.2015, a fresh challenge has been laid; it is, inter alia, claimed that the land is five kilometers away from Abadi and the land selected earlier was abutting the Abadi land and was close to Krishi Mandi; further plea has been raised that pasture land ('Oran') is being utilized for construction of building, against the provisions of the Conditions for (Allotment of Unoccupied Government Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Others, Buildings of Public Utility), 1963 ('the Conditions for Allotment').