Rajasthan High Court - Jodhpur
Ganesh Ram vs State Of Rajasthan on 20 December, 2018
Bench: Sangeet Lodha, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ No. 18998/2018
Ganesh Ram S/o Shri Narayan Ram, Aged About 55 Years, R/o
Athiyasan, Chenar, Nagaur, District- Nagaur. (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Revenue
Department, Govt. Of Rajastha, Jaipur (Rajasthan).
2. The District Collector, Nagaur.
3. Sub Divisional Officer, Nagaur, District- Nagaur.
4. Tehsildar, Nagaur, District- Nagaur.
----Respondents
For Petitioner(s) : Mr. Kan Singh Oad
For Respondent(s) :
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE DINESH MEHTA Order 20/12/2018 By way of this writ petition (PIL), the petitioner is seeking directions to the respondents to constitute a committee to make demarcation of pasture land of the village Athiyasan, Tehsil Nagaur, District Nagaur and to remove the encroachment over the pasture land comprising khasra no.504 of the said village.
The issue with regard to diversion and unauthorised occupation over the pasture land is pending consideration before this court in the matter of 'Gulab Kothari vs. State of Rajasthan & Ors." [Civil Writ (PIL) No.1554/04 & other connected petitions]. In the said petitions, while examining the various provisions of the (2 of 3) [CW-18998/2018] Rajasthan Tenancy Act, 1955, Rajasthan Panchayati Raj Act, 1994, Rajasthan Panchayati Rules 1996 and Rajasthan Tenancy (Government) Rules, 1955, the Division Bench of this court vide order dated 12.1.17 held:
"197. We are of the considered opinion that keeping in view the mandate of the provisions of the Act of 1955 and the Rules made thereunder, the preservation and development of the pasture land by the State Authorities is the rule and diversion of user thereof is an exception and therefore, the power conferred upon the Collector under Rule 7 of the Rules of 1955, to change the classification of the pasture land should be exercised sparingly only in the larger public interest and not so as to subserve the interest of any individual.
198. At this stage, it is to be noticed that in the Writ Petition No.5907/08, the petitioner has given the details of some of the orders passed by the JDA converting the land set apart as pasture land in the rural areas of Jaipur Region but there is no details available in respect of the rural areas falling within the Jodhpur Region, Ajmer Region and various districts of the State and therefore, before further dilation of the issue, it would be appropriate that the directions are issued to the State to furnish the complete details regarding the availability of the pasture land in various districts of the State of Rajasthan as on the date of commencement of the Act of 1955, the diversion of the user of the pasture land permitted after the commencement of the Act of 1955, and the land set apart as pasture land after the commencement of the Act of 1955. The State should also furnish the district-wise details of unauthorised occupation over the pasture land.
199. But in any case, pending consideration of the issue, as mandated by the Hon'ble Supreme Court in Jagpal Singh's case (supra), the indiscriminate diversion of the pasture land for other purposes needs to be checked and any unauthorised occupation over the pasture land by unscrupulous persons needs to be dealt with strictly." (emphasis added) That apart, pending consideration of the matter, the directions have been issued to the State Authorities in the following terms:
"(xxviii) The State is directed to furnish complete details regarding availability of the pasture land in various districts of the State of Rajasthan as on the date of commencement of the Act of 1955; the diversion of the user of the pasture land permitted after commencement of the Act of 1955 and the land set apart as pasture land after commencement of the Act (3 of 3) [CW-18998/2018] of 1955. The State shall also furnish the district wise details of unauthorised occupation over the pasture land.
(xxix) Pending consideration of the issue with regard to the diversion of the pasture land for other uses by this court, the State Government is directed to take appropriate steps to check and remove unauthorised occupation over the pasture land by unscrupulous persons in various villages of the State forthwith." (emphasis added) In view of the directions issued by the Division Bench of this court in Gulab Kothari's case as aforesaid, the respondents cannot divert the pasture land for any other use and are under an obligation to remove the encroachments over the pasture land.
In this view of the matter, no further directions are required to be issued. The respondents shall comply with the directions issued by the Division Bench of this court as aforesaid in Gulab Kothari's case (supra).
The petition stands disposed of accordingly.
(DINESH MEHTA),J (SANGEET LODHA),J
55-Aditya/-
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