ROSHAN VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned legality of decision dated 9.5.08 of State Level Conversion of Land Use Committee, whereby accepting the proposal of Municipal Board, Phalodi, the land use of the land measuring 47.20 bighas comprising khasra no.573 of Revenue Village Phalodi categorised as gair mumkin pal in the revenue record, stands converted to residential use. The petitioner has further prayed that the residential scheme proposed to be launched by the Municipal Board, Phalodi on the land in question, namely "Swami Vivekanand Nagar Awasiya Yojana" may be directed to be cancelled.

(2.) The facts relevant are that the land ad measuring 255.01 bighas comprising khasra no.573 of Revenue Village-Phalodi is categorised as gair mumkin pal in the revenue record. In the Master Plan, the said land falls within the periphery control belt of the town. The Municipal Board issued a public notice inviting objections against the proposal to convert the land measuring 47.02 bighas out of the land measuring 255.01 bighas for the purpose of developing a residential colony. On the factual report being requisitioned by Executive Officer, Municipal Board, Phalodi, the Tehsildar, Phalodi vide communication dated 7.5.08 informed that as per the revenue record, the land in question is categorised as gair mumkin pal, which is 1/2 km away from river flow on Phalodi-Dechu road. At the same time, in the said communication it was mentioned that the proposed land is 900 meter inside Phalodi-Dechu road. The State Level Conversion of Land Use Committee after due consideration of the proposal in its meeting held on 9.5.08, resolved to grant sanction for change of land use subject to following conditions: ...[VARNACULAR TEXT UMITTED]..

(3.) After a lapse of about 10 years, the respondent-Municipal Board on 15.3.18 launched a residential scheme to be developed on the disputed land and invited applications for allotment of the plots. It is averred that the residents of the town Shri Sunil Kumar Chhangani and others represented against the development of the colony as proposed and served the respondents with a notice for demand of justice. Thereafter, they filed a writ petition (PIL) No.6985/18 before this court, which was dismissed as withdrawn vide order dated 25.7.18.