AHMED ALI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this Public Interest Litigation, direction for quashing changes in the Master Plan of Kuchaman City (Master Plan 2010-2031), by which a bus stand is sought to be constructed, has been claimed.

(2.) The Kuchaman City Master Plan 2010-2031 (hereafter referred to as "the MP") was framed under the authority of Section 3 of the Rajasthan Urban Improvement Trust, 1959, and the Rules framed thereunder i.e. the Rajasthan Urban Improvement Trust Rules, 1962. By virtue of the provisions of the Rajasthan Municipalities Act, 2009 (hereafter referred to as "the 2009 Act"), the Municipal Board, Kuchaman City (hereafter "the board") prepared the plan. The petitioner relies upon the map designating the land use, especially in khasra Nos.2782/2372 and 2783/2389 and submits that these were reserved for stadium and playground besides parking place. It is alleged that other uses are expressly barred. The khasra numbers in question, according to the petitioner, are designated in the revenue records as Gair Mumkin Khadda (open depressive land) for the reason they are situated at the end of a slope or lower level resulting in collection of rain water seasonally. Originally the land was reflected, at the time of settlement, as pasture; after settlement it was given a new number i.e. khasra No.2372. On 30.06.2016, a meeting of the Land Use Change Committee of the Municipal Board was held, in which various proposals were taken up and accepted in the form of resolution.

(3.) It is submitted that the proposal was to change the use (from the existing purpose, i.e. stadium and playground to bus stand) and the modified proposals permitted construction of a bus stand. It is also alleged that further to the proposal a check list was sent to the Senior Town Planner, Ajmer for necessary action on 23.01.2017, who in turn examined the matter and communicated to the board, by letter dated 01.05.2017, pointing out various issues. It is submitted that on 30.05.2017, the Senior Town Planner, Ajmer wrote to the board drawing attention to the directions of this Court in Gulab Kothari v State of Rajasthan 2017(2) RLW 1178 (Raj) to the effect that land use change could be made only with the prior permission of the State Government and in larger public interest.