GAJENDRA KUNWAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has questioned legality of communication dated 18.11.13 issued by the Deputy Secretary, Department of Revenue, Government of Rajasthan addressed to the District Collector, Jaisalmer, whereby it has been clarified that the restriction imposed by introducing clause (h) after existing clause (g) of Rule 5 of Rajasthan Land Revenue (Allotment of Land for Setting up of Power Plant based on Renewable Energy Sources) Rules, 2007 (for short "Rules of 2007") shall not apply to the allotment made and lease executed prior to issuance of the notification dated 4.10.13. That apart, the petitioner has sought directions to the respondents to remove entire infrastructure and constructions raised by respondent -M/s. Vish Wind Infrastructure Limited ('the Respondent Company'), for setting up Wind Farm Project and to act in accordance with the amendment made in the Rules of 2007 by the State Government vide notification dated 4.10.13.

(2.) IT is to be noticed that earlier the petitioner had filed a D.B. Civil Writ Petition being No. 8955/11, questioning the legality of the allotment of 1890.01 bighas of land in the villages Damodara, Dujasar, Jamra, Khabha, Khabhiya, Kanoi, Dedha, Salkha, Keshvo -Ki -Basti and Siyalo -Ki -Basti, Tehsil and District Jaisalmer in favour of the Respondent Company for establishment of 159.2 Megawatt Wind Energy Farm. That apart, the petitioner had also prayed for setting aside the lease deed dated 24.2.11 executed by the District Collector, Jaisalmer of the land measuring 1792.11 bighas in the aforesaid villages for the period of 30 years, in favour of the Respondent Company for setting up the Wind Farm Project as aforesaid, with the provision for further extension after permission of the State Government.

(3.) LEARNED counsel appearing for the petitioner contended that the State Government by amending the Rules of 2007 has imposed complete restriction on establishment of Wind Mill within an area of 2 kms. from the middle of Jaisalmer to Sam Road, however, the respondent No. 5 vide letter dated 18.11.13 has nullified the restriction imposed as aforesaid, which is absolutely without authority of law. Learned counsel submitted that in lease deed executed in favour of the petitioner, there is a specific condition incorporated in terms that the lessee shall set up Wind Farm Project on the land leased out within a period of two years from the date of allotment of land and in case of failure to do so, the plot shall revert to the lessor unless period of two years is extended by the State Government on valid grounds. Learned counsel submitted that since the Respondent Company has failed to establish the plant within a period of two years and no extension has been granted by the State Government, therefore, the plot allotted stands reverted to the State Government and the Respondent Company now cannot proceed with the construction over the land in question. Learned counsel would submit that in view of the amendment introduced by the State Government imposing restrictions on establishment of Wind Mill within the area specified, the Respondent Company cannot proceed with the establishment of the plant at this stage and encroachment made by it by raising construction over the government land, deserves to be removed.