KANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition (PIL), the petitioner has questioned legality of order dated 3.9.93 (Annexure 6) issued by the Sub Divisional Officer, Mount Abu, whereby the land measuring 0.19 biswa comprising khasra no.529 categorised as 'khal khaddar' and land measuring 1500 sq. ft. comprising khasra no.591 categorised as 'gair mumkin nadi' has been allotted to Gram Panchayat, Santpur for extension of abadi. The petitioner has also questioned legality of the order dated 3.3.03 (Annexure 8) and 13.2.04 (Annexure 10) issued by the District Collector, Sirohi, whereby the land measuring 0-01 bigha, 0.18 bighas and 12.03 bighas, comprising khasra no.591 have been allotted to the Executive Engineer, PHED, reserved for Police Chowki and for Government offices respectively. Further, the directions are sought to the respondents to remove all encroachments from the land of the nadi comprising khasra no.529 and 591 of revenue village Santpur, Tehsil Aburoad.

(2.) Briefly stated the relevant facts are that the land measuring 13.03 bighas comprising khasra no.591 and 1.14 bighas comprising khasra no.529 of village Santpur, Tehsil Aburoad, is categorised as 'gair mumkin nadi' in the revenue record. As per the revenue map, khasra no.591 is surrounded by khasra no.529 on the one side, a road leading to village (khasra no.590) and a road (khasra no.592) leading to town Ambaji. As per averments made in the petition, the said pond (nadi) known as Dudeshwar Talab gets filled up after monsoon and remain as such for months together benefiting the entire area and helping in maintaining the water level area. Even, the contract for fishing is awarded by Panchayat Samiti in the said pond.

(3.) Precisely, the grievance raised in the petition is that the land forming part of the nadi and its catchment area which is not available for allotment for any other purpose, have been so allotted by the District Collector and the same has been encroached upon by various unscrupulous persons. It is submitted that vide order dated 3.3.93 issued by the Sub Divisional Officer, Mount Abu, land measuring 0.19 biswa comprising khasra no.589 and 1500 sq. ft. comprising khasra no.591 forming part of 'khal khaddar' and 'nadi' respectively were allotted to Gram Panchayat, Santpur for extension of abadi. Thereafter, vide order dated 3.3.93, the land measuring 0-01 bigha comprising khasra no.591 was allotted to Executive Engineer, PHED and vide order dated 13.2.04, the lands measuring 0.18 bighas and 12.03 bighas were set apart for Police Chowki and Government offices respectively. That apart, number of encroachments have been made by the unscrupulous persons which has resulted in obstructing free inflow of the water into the pond. In this regard, the photographs are also placed on record by the petitioner.