KSHEMANKARI MATESHWARI TRUST Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 02.03.2015 (Annex.-6), whereby land admeasuring 0.54 hectares situated at Bhinmal has been allotted free of cost to the Department of Art, History and Archaeology for construction of Panorama of Mahakavi Magh and Mathematician Brahmgupta.

(2.) The petitioner, a registered Trust under the provisions of Rajasthan Public Trust Act, 1959, has filed the present writ petition challenging the allotment made by the State under provisions of the Conditions for (Allotment of Unoccupied Government Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharmshalas and Other Buildings of Public Utility), 1963 ('Conditions for Allotment'). It is, inter alia, claimed that there is a temple of Shri Kshemankari Mateshwari Trust, Bhinmal, which is an ancient temple; the Trust was formed in the year 1988 for maintaining and developing the temple; the Trust undertook the task of developing the temple and the surrendering area and has planted more than five lac trees and for the said purpose, land surrendering the temple has also been used. It is claimed that for cherishing the memory of Mahakavi Magh and Mathematician Brahmgupta, a Traffic Island and Community Utility Centre respectively have been constructed. The Chief Executive Officer, Rajasthan Dharohar Sanrakshan Evam Pronnati Pradhikaran, Jaipur applied for allotment of land in Khasra No. 2733 of Village - Bhinmal for construction of a Panorama under the Conditions for Allotment regarding which the Municipal Board gave its no objection and after obtaining the Site Report, the SDO, Bhinmal forwarded the proposal to the District Collector, who by the order impugned made the allotment in question.

(3.) It is submitted that the allotment is illegal, arbitrary, unreasonable and unconstitutional, the Conditions for Allotment does not envisage allotment for construction of Panorama; monuments like Traffic Island and Community Utility Centre already exists for cherishing the memory of Mahakavi Magh and Mathematician Brahmgupta and, there is no necessity to create more such monuments; the land, which has been used by the Trust for planting trees should not be allotted to anyone and that the allotment will cause irreparable injury to the public at large. It was prayed that the writ petition be allowed and the allotment be quashed.