NEW KABRISTAN COMMITTEE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE dispute relates to a plot of land set -apart by the Collector under Section 92 of the Rajasthan Land Revenue Act (for short 'the Act') for Kabristan in Nawalgarh.

(2.) THE Muslim population in Nawalgarh is said to be about 30,000 and the Muslims of that area and the adjoining area had been long demanding from the authorities for providing suitable land for Kabristan. An application was submitted on September 1, 1984 to the Tehsildar for allotment of land for Kabristan. That application came into process and Tehsildar, Nawalgarh sent communication on 18th September, 1984 by which he forwarded the request of the Muslim population along with the report of the Patwari, to the Collector for necessary action in the matter of allotment of land for Kabristan. The Collector sought opinion from the Superintendent of Police on the advisibility of allotment of land bearing Khasra Nos 1681/2 and 1681/4 for Kabristan. The Superintendent of Police directed the Circle Officer, Nawalgarh to conduct enquiry and report. The Dy. S.P. Nawalgarh reported that there was no objection for grant of land for Kabristan. Thereafter the Collector, under his communication dated 11 -1 -1985 sought the progress report from the Sub -Divisional Magistrate, Nawalgarh. The S.D.M , Nawalgarh under its communication dated 14th January, 1985 recommended for allotment of 32 bighas of land of Khasra Nos 1681/2/1 and 1681/4 for Kabristan. After the aforesaid formalities were complete the Collector under its order dated 16th February, 1985 allotted land for the purpose of Kabristan and directed the Tehsildar, Nawalgarh to take necessary steps. The Tehsildar under communication dated March 4, 1985 was informed by the Patwari of the area that the land in question had been duly ear -marked for Kabristan. The possession of the land was handed over to the members of the Committee including Shri Suleman, who had filed the original application. Thereafter the construction was stayed as the S.D.M. Nawalgarh under its communication dated 18 -3 -1985 informed Shri Suleman that under the order of allotement dt. 16 -2 -1985 no construction in any nature should be made over the land in question as the learned Collector had stayed the earlier order dated 16 -2 -1985 under his order dated 15 -3 -1985 However, later on the order dated 25 -5 -1985 the Collector had withdrawn the above restriction. Thereafter the Committee started construction over the land in question and is said to have spent about Rs. 10 lacs on construction of boundary wall, Masjid and a wall and the Kabristan is said to have been put to use and more than 80 persons have already been burried. Thereafter a communication was received from the S.D.M., Nawalgarh, dated 3 -9 -1986 informing the petitioner committee that the allotment made for the purpose of Kabristan has been cancelled by the Government and the petitioner committee was asked to hand over possession of the land to the authorities concerned.

(3.) A show cause notice was issued to the State Government and reply has been filed. In the reply besides taking objection that the petitioner is not a legal entity having been not registered, an objection has also been taken that there are other Kabristans in Nawalgarh where the total population is 38,727 and so far as the Muslim population is concerned, it is only 1/4th of the total population of the town. It is also stated in the reply that under Section 92 of the Act, the land can be set -apart for specific purpose by the Collector subject to the general orders of the State Government vide Notification No. F. 6 (49) Rev./Gr/(iv)/76 dated 1st September, 1976 specially mentioned that the Collector shall not set -apart land for any public or Municipal purpose (other than for free pasturage of cattle, for forest reserve, or for development of Abadi) without obtaining previous approval of the State Government. In the present case because no previous sanction of the State Government was obtained, therefore, the order of the Collector was without jurisdiction.