Gotu Singh Rajput vs State Of Rajasthan on 29 January, 2026

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National Green Tribunal

Gotu Singh Rajput vs State Of Rajasthan on 29 January, 2026

Item No.05

                  BEFORE THE NATIONAL GREEN TRIBUNAL
                      CENTRAL ZONE BENCH, BHOPAL
                       (Through Video Conferencing)

                      Original Application No.09/2025(CZ)

Gotu Singh Rajput                                                 Applicant(s)

                                      Vs.

State of Rajasthan & Ors.                                         Respondent(s)

Date of Hearing: 29.01.2026

CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
       HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER


      For Applicant (s):          None

      For Respondent(s) :         Mr. Shoeb H. Khan, Adv. for State of Rajasthan
                                  Mr. Vaibhav Thakuria, Adv for RSPCB
                                  Mr. Mukesh Kumar Sharma, Adv for R-4 to 8


                                   ORDER

1. Issue raised in this application is damaging and cutting of trees, illegal construction on the water body/pond and its catchment area known as Pansal Dharam Talab within the Panchayat Samiti Suwana, District Bhilwara (Rajasthan), in violation of Environmental Rules and Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, and further in contravention of the orders passed by the Hon'ble Supreme Court of India dated 28.01.2011 passed in Civil Appeal No. 1132 of 2011, SLP No. 3109 of 2021, Jagpal Singh and Ors. Vs. State of Punjab & Ors.

2. The allegations of the Applicant are that the Private Respondents are making unauthorized layout plan and making allotment of the land of the pond, which is recorded at the land of the State Government in the nature of the water bodies and State of Rajasthan vide order dated 25.04.2011 has directed all the District Magistrate not to alter the 1 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

nature of the water bodies and not to make any allotment of the land in contravention of the order of Hon'ble Supreme Court quoted above and the notification dated 25.04.2011. The lands mentioned as Annexures-

15, 16, 17 & 18 are recorded in the name of State Government Rajasthan and in accordance with the notification dated 25.04.2011 no transfer of land is permissible inspite of that it was unauthorized transferred by the authorities not competent to transfer the State land without due approval from the State Government. It is further alleged that it is in violation of the Section 90 (A) of the Land Revenue Act 1956 and Environmental Rules.

3. The matter was taken up by this Tribunal and Respondents were directed to submit the reply. The Respondents have filed the replies.

During the course of hearing, the Tribunal constituted a Committee consisting representative each of the Principal Secretary (Environment) Rajasthan, and the Member Secretary, Rajasthan State PCB, with direction to submit the factual and actin taken report. The report is on record.

4. Heard the learned Counsel for the parties and perused the records.

5. The matter was again taken up on 16.07.2025 and the Tribunal observed as follows:-

"2. It is alleged that in the matter of water bodies and allotment of the area of the pond was taken up by Hon'ble the Supreme Court of India in Civil Appeal No. 1132/2011, SLP No. 3109/2021 titled Jagpal Singh and Ors. Vs. State of Punjab & Ors. The allegations of the applicant are that the private respondents are making unauthorised layout plan and making allotment of the land of the pond, which is recorded at the land of the State Government in the nature of the water bodies and State of Rajasthan vide order dated 25.04.2011 has directed all the District Magistrate not to alter the nature of the water bodies and not to make any allotment of the land in contravention of the order of Hon'ble Supreme Court quoted above and the notification dated 25.04.2011. The lands mentioned as 2 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

Annexures-page nos. 15, 16, 17 & 18 are recorded in the name of State Government, Rajasthan and in accordance with the notification dated 25.04.2011 no transfer of land is permissible, in-spite of that it was unauthorised transferred by the authorities not competent to transfer the State land without due approval from the State Government. It is further alleged that it is in violation of the Section 90 (A) of the Land Revenue Act 1956 and Environmental Rules.

3. The perusal of the Jamabandi, Khewat & Khatauni Aadhar Samvat 2073-2076 reveals that the Araji Number as mentioned in the application and shown in Annexure-15, 16, 17 and 18 are public property recorded in the name of State Government and shown as PETA. The reference letter dated 25.04.2011 issued by the State Government, Department of Revenue has directly quoted the order of Hon'ble the Supreme Court of India directing the district administration not to allot any land in violation of rules and order of Hon'ble Supreme Court as quoted in the order.

4. Accordingly, any transfer of land or mutation of the record of right in contravention of the order and the direction is void ab initio having no force of law and required to be immediately corrected by the Collector concerned.

5. Accordingly, the copy of the Khewat & Khatauni (Annexure- page nos. 15, 16, 17 and 18) with the copy of the order of the State Government (Annexure-page no. 19) be forwarded to the Collector, Bhilwada, Rajasthan to take necessary actions and to ensure that any mutation or correction or transfer of the land without authority in contravention of the order of Hon'ble Supreme Court and order of the State Government shall be taken into account and in case it is found that the orders have been passed and mutation have been done in contravention of the rules and orders, the same may be corrected immediately. Being the head of the Revenue and District Administration and protector of the state land and public property, the collector is duty-bound to do according to the rules."

6. The members of the Joint Committee visited the site and have submitted the report as follows:-

"Report of the Joint Committee in compliance of Hon'ble National Green Tribunal in the matter of O.A. No 09/2025(CZ), 3 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

Bhopal Bench vide order dated 23.01.2025, Gotu Singh Rajput Vs State of Rajasthan & Ors.

............x.............x.............x..............x...................

BACKGROUND AND SPECIFIC ISSUES IN THIS MATTER

12. As per the petition filed by the petitioner, following allegations have been made:

DETAILS OF PETITION ISSUES RAISED Petition No OA No 09/2025(CZ). As 1. It has been alleged in the per petition that" the peta kasht land the Fact in Brief near the Pansal Dharam Talab, was earlier allotted by the government to the farmers for farming, which was sold by the present account holders to the respondents no 6 to 8 with the intention of developing a residential colony with the objective of obtaining illegal benefits from the said Dharam Talaab. Petitioner alleged its illegal, in light of Rajasthan Govt order dated 25.04.2011 and provided a copy of the same in writ petition.

2. Further, it has been alleged that respondent no 6 to 8 without taking approval of the government, making an unauthorized layout plan in the name of Balaji Nagar on the land of Dharam Talab and have sold 501 of the residential plots to various customers, which ultimately leads to the spoiling of original form of Dharam Talaab and caused damage to the environment.

3. Petitioner, also alleged that he has made several complaints to the authorities concerned, in this 4 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

matter but no action has been taken by Respondent no 6 to 8 to restore Pansal Dharamshala pond to its original form.

SITE OBSERVATIONS OF COMMITTEE

13. Joint Committee visited the site on dated 11.02.2025 along with the applicant Gotu Singh and the Tehsildar, concerned to verify the factual status of the site and verification of the facts mentioned by the applicant in the writ. Committee made following observations during the course of visit :-

i. It has been observed that few pucca houses were found constructed at the site in the question and construction activities were going on at that site.

ii. A 100 ft road was found constructed at the site connecting Pansal to Bhilwara. Tehsildar present at the site confirmed that the same was built by the Urban Improvement Trust (UIT), Bhilwara.

iii. Along with this, Cement Concrete Roads have been found built up at the site and as per the appearance, it can be said that the allegations made by the applicant in the writ petition, that the residential colony in the name of Balaji Nagar is being built up at the site, seems true. Tehsildar concern, has confirmed that the same colony is unauthorized. iv. During the course of visit it has been found that activities which are being carried out at the site at non-agricultural in nature and at araji no 5284/1356, boundary wall has been constructed.

14. Site report has been prepared and all the participants, of the joint committee has signed it along with the applicant Gotu Singh.

15. Further, in order to verify the revenue status of each Araji number, as alleged by the petitioner in the writ, along with the action taken by the revenue department, if any against the illegal construction/encroachment, which also includes removal of encroachment, a letter has been written to SDM, Bhilwara to provide the complete status on the basis of Araji number vide State Boards letter dated 14.02.2025, in format prescribed by the Joint Committee.

O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

REVENUE STATUS OF THE SITE IN QUESTION AND ACTION INITIATED BY THE REVENUE DEPARTMENT

16. Petitioner Sh. Gotu Singh has highlighted following Araji numbers along with their owners and type of land title.

17. Based on the letter issued by State Pollution Control Board, to SDM, Bhilwara, in order to verify the status of land and permitted activities on that type of land, and Araji Numbers as highlighted by the Petitioner, Sh. Gotu Singh in its writ petition, submissions made by SDM, Bhilwara in this matter are as under as per the Araji Numbers.

A. Araji Number and Land Tiltle: 1352(Nahari), 1353(Peta), 1354(Peta) 1358/2(Nahari) Rakba: 0.4046, 1.6691, 0.7334 and 0.0885 in the name of M/s Paras Devi, Revenue Village-Pansal ➤ It has been confirmed by the Revenue Department that these araji numbers have been allotted in the name of Smt Paras Devi, w/o Sh. Bhanwar Lal Sharma, R/o E-45,, Shubhash Nagar, Bhilwara ➤ Further, it has been denied by the Revenue Department that these Araji numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these araji numbers are not being used for Talaab purpose. However, same were earlier used for agricultural activities as verified by the revenue records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara. (Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas as per Mewar Settlement Jamabandi. Later under settlement provisions, same has been allotted to Thikana Waarisan under Khatedari.

➤ In the factual report submitted by the SDM, Bhilwara in this matter at Para 2(a), it has been confirmed that, a residential colony has been developed at aforesaid mentioned araji numbers, by the owners of the land.

Also, in Para 3, of the factual report, it has been confirmed that these residential activities are not permitted on the restricted lands and owners of these lands having "Peta" title, have developed residential colony, without prior approval of the competent authority.

O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

Revenue Department, under Rajasthan Kashtkari Rules 1955, section 177 has already identified the violation done by the owner of the land by developing residential colony without conversion and has submitted a report in this matter to the Competent Officer for this violation. Matter is subjudice at SDM Court, Bhilwara. (Para-7 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure-R-6).

B. Araji Number and Land Tiltle:-5283/1356(Gair Mum. Peta), Rakba:- 1.3619 Hect, in the name of Sh. Devi lal, S/o Sh. Nanuram Gadri(1/2 part) and Sh. Satpal Singh S/o Sh. Dalpat Singh(1/2 Part), Revenue Village- Pansal.

➤ It has been confirmed by the Revenue Department that this araji number have been allotted in the name of Sh. Devi lal, S/o Sh. Nanuram Gadri (1/2 part) and Sh. Satpal Singh S/o Sh. Dalpat Singh(1/2 Part), R/o Deh, Bhilwara.

➤ Further, it has been denied by the Revenue Department that these Araji numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these araji numbers are not being used as Talaab purpose. However, same was earlier used for agricultural activities, as verified by the revenue records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara.(Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas, as per Mewar Settlement Jamabandi. Later under settlement provisions, same has been allotted to Thikana Waarisan under Khatedari.

➤ In the factual report submitted by the SDM, Bhilwara in this matter, at Para 2(a), it has been confirmed that, a residential colony has been developed at aforesaid mentioned araji numbers, by the owners of the land.

O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

➤ Also, in Para 3, of the factual report, it has been confirmed that these residential activities are not permitted on the restricted lands and owner of this araji having "Peta" title, has developed residential colony, without prior approval of the competent authority.

➤ In para no. 4, Revenue Department, informed that a Residential Colony has been developed at this araji number, without due conversion of the land from the competent authorities. 8-10 Houses were found built up at these araji numbers(1352,1353,1354,1358/2 and 5283/1356) and 8-10 Houses are under construction at the site(1352,1353,1354.1358/2 and 5283/1356). ➤ Revenue Department, under Rajasthan Kashtkari Rules 1955, section 177 has already identified the violation done by the owner of the land by developing residential colony without conversion and has submitted a report in this matter to the Competent Officer for this violation. Matter is subjudice at SDM Court, Bhilwara.

C. Araji Number and Land Tiltle:-5284/1356 (Gair Mum. Peta), Rakba:-0.1391 Hect, in the name of Sh. Nirbhay Singh, S/o Sh. Manmath Singh Rajput, Revenue Village- Pansal.

➤ It has been confirmed by the Revenue Department that this araji number has been allotted in the name of Sh. Nirbhay Singh S/o Sh. Manmath Singh Rajput, R/o Deh, Bhilwara. ➤ Further, it has been denied by the Revenue Department that these Araji Numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these araji numbers are not being used as Talaab purpose. However, same was earlier used for agricultural activities, as verified by the revenue records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara. (Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas, as per Mewar Settlement Jamabandi. Later under settlement provisions, same has been allotted to Thikana Waarisan under Khatedari.

➤ As per the Para 2(d), this araji number is presently vacant and boundary wall from all four sides has been constructed by the owner.

O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

Also, in Para 3, of the factual report, it has been confirmed that these residential activities are not permitted on the restricted lands and owners of these lands having "Peta" title have developed residential colony, without prior approval of the competent authority.

D. Araji Number and Land Tiltle:- 1362(Gair Mum. Naadi), Rakba:- 1.2645 Hect, in the name of Urban Improvement Trust(UIT), Bhilwara Revenue Village- Pansal.

➤ It has been confirmed by the Revenue Department that this araji number have been allotted to Urban Improvement Trust(UIT), Bhilwara.

➤ Further, it has been denied by the Revenue Department that these Araji Numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these araji numbers are not being used for Talaab purpose. However, same was earlier used for agricultural activities, as verified by the records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara. (Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas as per Mewar Settlement Jamabandi. Later under land ceiling provisions, same has been allotted to UIT vide order dated 26.10.2005 to UIT, Bhilwara.

➤ As per Para 2(b) of the SDM, Bhilwara report, a Balaji Temple, Garden, Gym, Public Toilet and boundary wall has been constructed on aforesaid araji number by the UIT, Bhilwara. Further, a 100 ft Road, also found constructed at this Araji number connecting Pansal to Bhilwara.

➤ Further, based on the complaint received on Rajasthan Sampark Portal and verification report of Patwari, UIT officials have visited the site, initiated a drive for demolition of encroachment. Further, SDM, Court Bhilwara, in matter of 837/2024 has issue a stay on aforesaid action till further order, as such further action could not be initiated and this comes under the jurisdiction of UIT, Bhilwara.

E. Araji Number and Land Tiltle:- 4800/1362(Gair Mum. Naadi), Rakba:-0.0632 Hect, in the name of Government of Rajasthan, Revenue Village-Pansal.

O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

➤ It has been confirmed by the Revenue Department that this araji number have been allotted to Government of Rajasthan under the name of "Bilanaam".

➤ Further, it has been denied by the Revenue Department that these Araji numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these Araji numbers are not being used for Talaab purpose. However, same were earlier used for Agricultural Activities, as verified by the records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara. (Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas, as per Mewar Settlement Jamabandi. Later under land ceiling provisions, same has been allotted to Government of Rajasthan at Khata Sankhya 01.

➤ As per report para 2(C), aforesaid land is presently vacant and levelled by cement.

F. Araji Number and Land Title:- 1355/2(Gair Mum. Paal), Rakba:- 0.4299 Hect, in the name of M/s Nirbhay Singh Rajput S/o Sh. Manmath Singh Rajput Village- Pansal.

➤ It has been confirmed by the Revenue Department that this araji number have been allotted in the name of Sh. Nirbhay Singh S/o Sh. Manmath Singh Rajput, R/o Deh, Bhilwara. ➤ Further, it has been denied by the Revenue Department that these Araji Numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these araji numbers are not being used for Talaab purpose. However, were earlier used for agricultural activities as verified by the records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara. (Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas, as per Mewar 10 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

Settlement Jamabandi. Later under settlement provisions, same has been allotted to Thikana Waarisan under Khatedari. ➤ As per the Para 2(d), this araji number is presently vacant and boundary wall from all four sides has been constructed by the owner.

Also, in Para 12, of the factual report, it has been confirmed that report related to these residential activities have already been reported to competent authorities and presently matter is subjudice at SDM Court, Bhilwara.

➤ Also, in Para 12, of the factual report, it has been confirmed that report related to these residential activities have already been reported to competent authorities and presently matter is subjudice at SDM Court, Bhilwara.

G. Araji Number and Land Title:- 1355/3(Gair Mum. Paal), Rakba:- 0.4679 Hect, in the name of M/s Vijay Singh Rajput S/o Sh. Manmath Singh Rajput Village- Pansal.

➤ It has been confirmed by the Revenue Department that this araji number have been allotted in the name of Sh. Vijay Singh S/o Sh. Manmath Singh Rajput, R/o Deh, Bhilwara. ➤ Further, it has been denied by the Revenue Department that these Araji Numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these, araji numbers are not being used for Talaab purpose. However, were earlier used for agricultural activities as verified by the records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara. (Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas as per Mewar Settlement Jamabandi. Later under settlement provisions, same has been allotted to Thikana Waarisan under Khatedari.

➤As per the Para 2(e), houses and roads have been found constructed at this araji number.

Also, in Para 12, of the factual report, it has been confirmed that ➤report related to these residential activities have already been reported to competent authorities and presently matter is subjudice at SDM Court, Bhilwara.

O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

H. Araji Number and Land Title:- 1314(Gair Mum. Naadi), Rakba:- 0.4679 Hect, in the name of Urban Improvement Trust(UIT), Bhilwara Village-Pansal.

➤ It has been confirmed by the Revenue Department that this araji number have been allotted to Urban improvement Trust, (UIT) Bhilwara.

➤ Further, it has been denied by the Revenue Department that these Araji numbers have been categorized as "Dharam Talaab", in any of the Revenue Records. It has been informed that these, Araji numbers are not being used as Talaab purpose. However, earlier used for Agricultural activities as verified by the revenue records and comes under the periphery of Urban Improvement Trust(UIT), Bhilwara. (Para-1 of SDM Bhilwara letter dated 25.02.2025, enclosed as Annexure- R-6). Earlier this property was enlisted under Thikana Khas, as per Mewar Settlement Jamabandi.Later under land ceiling provisions, same has been allotted to UIT vide order dated 26.10.2005 to UIT, Bhilwara.

➤ As Per para 13 of the report, this Araji number is presently lying vacant.

CONCLUSIONS/OBSERVATIONS OF THE COMMITTEE

1. On the basis of status found at the site, at present no remnants of wetland/lake was evidently visible, whereby prima facie, no violation of Rajasthan Forest Acts and/or Water (Prevention and Control of Pollution) Act 1974 and/or Air (Prevention and Control of Air Pollution), Act, 1981 was observed by the joint committee.

2. The ownerships of the mentioned arajis, remains disputed in revenue courts, where stay orders are also pending. It is recommended that necessary action as per the Revenue Acts and laws, whichever is applicable, may be initiated against all illegal encroachments and/or offenders."

7. The submissions of the learned Counsel for the State are that Arazi No. 1352, area 0.4046 hectare, categorized as Nahari-I; Arazi No. 1353, area 1.6691 hectare, category Peta; Arazi No. 1354, area 0.7334 hectare, type - Peta; and Arazi No. 1358/2, area 0.0885 hectare, 12 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

categorized as Nahri-I, stand recorded in the name of accountholder Smt. Paras Devi W/o Shri Bhanwarlal Sharma, resident of E-45, Subhash Nagar, Bhilwara. Arazi No. 5283/1356, area 1.3619 hectare, category Gemu Peta, is recorded in the joint names of account-holders Shri Devilal son of Nanuram Gadri (1/2 share) and Shri Satpal Singh S/o Manmath Singh Rajput. Arazi No. 1362, area 1.2645 hectare, category Gemu Nadi, and Arazi No. 1314, area 0.4679 hectare, category Gemu Nadi, are recorded in the name of Urban Improvement Trust, Bhilwara. Arazi No. 1355/2, area 0.4288 hectare, category Gemu Pal, and Arazi No. 5284/1356, area 0.1391 hectare, category Gemu Peta, are recorded in the name of account-holder Shri Nirbhay Singh Rajput.

Arazi No. 1355/3, area 0.4679 hectare, category Gemu Pal, is recorded in the name of account-holder Shri Vijay Singh son of Shri Manmath Singh Rajput. Arazi No. 4800/1362, area 0.0632 hectare, category Gemu Nadi, is recorded in the name of the Government of Rajasthan as Bilanam land. It is stated that upon perusal of the revenue records of the aforesaid Araziyat for the preceding years, no reference to any Dharam Talab has been found. The land classified as "Peta" has never been recorded or used as a pond but has consistently been under cultivation. The Khasra entries show that in Samvat 2037-2040, the crops sown on Arazi No. 1356 were wheat and barley; in Samvat 2069- 2072, the crops were gram, barley, and wheat; and in Samvat 2041- 2044, the crop was Jau. It is further submitted that the aforesaid Araziyat falls within the periphery area of Urban Improvement Trust, Bhilwara.

8. It is further argued that out of the aforesaid land plots, Arazi Nos.

1352, 1353, 1354, 1358/2, 1356 (5283/1356-5284/1356), 1362, 4800/1362, 1355/2, and 1355/3 were originally recorded in the Mewar 13 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

Settlement Jamabandi, Samvat 1955, as Arazi No. 1321, measuring 58 bigha and 15 biswa, classified as Thikana Khas. Subsequent to the settlement, the said land came to be recorded in the names of the heirs of the erstwhile landholders as Khatedari land. In ceiling proceedings, Arazi Nos. 1362, 4800/1362, and 1314 were recorded in the name of the Bilanam land (Government land). Thereafter, by transfer No. 1367 dated 26.10.2005, in pursuance of the population expansion order, the land was recorded in the name of Urban Improvement Trust, Bhilwara.

Additionally, Arazi No. 4800/1362, categorized as Gebu Nadi Bilanam, is recorded under Khata No. 01. Arazi Nos. 1352, 1353, 1354, 1358/2, and 5283/1356, Kita 05, admeasuring 4.2575 hectares, have been developed by the landholders into a residential colony, wherein the land has been subdivided into individual plots. Arazi No. 1362, admeasuring 1.2645 hectares, recorded in the name of UIT, Bhilwara, presently contains a Balaji Temple, garden area, gym, Sulabh Shauchalaya, and three enclosed areas with boundary walls. Within the same account, a 100-feet wide road connecting Pansal to Bhilwara has also been constructed. Arazi No. 4800/1362, category Ge. Mu. Nadi, admeasuring 0.0632 hectare, is presently lying vacant and levelled, with a surface of cement and gravel. Arazi Nos. 5284/1386 and 1355/2 are in the possession of the accountholder and are enclosed with boundary walls. Arazi No. 1355/3 presently has residential houses constructed thereon. However, the land categorized as Peta has been converted into residential use on the spot by the accountholders without obtaining approval from the competent authority. Upon receiving information regarding such unauthorized residential use during inspection, the Halka Patwari immediately registered Case No.40/2024, 41/2024 and 42/2024 under Section 177 of the 14 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

Rajasthan Tenancy Act, 1955, and submitted the same before the Sub-

Division Officer. It is stated that the land holders have developed Arazi Nos. 1352, 1353, 1354, 1759/2, and 5283/1356 into a residential colony without obtaining any requisite permissions or imposing any conditions. On the spot, approximately 8-10 houses have been constructed along with internal roads. In Arazi No. 1356/1 (UIT 100 Feet Road), and Arazi No. 1362, admeasuring 1.2645 hectares, recorded in the name of UIT, Bhilwara, there presently exist the Balaji Mandir, Garden, Akhara, Gym, Sulabh Shauchalaya, and three enclosures with boundary walls. Within the same Arazi, a 100-feet wide road from Pansal to Bhilwara has also been constructed and earlier, proceedings under Section 177 of the Rajasthan Tenancy Act, 1955, were initiated and are presently pending before the Court of the Sub-

Divisional Officer, Upkhand Bhilwara. A detailed report was also prepared in respect of Arazi Nos.1362 and 4800/1302, and spot inspection dated 17.07.2024 was carried out by UIT, Bhilwara, which further initiated action for demolition of encroachments. However, in respect of the said Arazis, by order dated 30.08.2024 passed in Case No. 837/2024, the Sub-Divisional Officer directed maintenance of status quo with respect to the revenue record and the site.

Consequently, no further action could be undertaken in this matter.

9. In view of the above facts, the Committee has suggested that there are no violation of Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974, and the matter with regard to ownership of the land is pending before the revenue court under Section 177 of the Rajasthan Tenancy Act, 1955. The matter is pending in Case No.837 of 2024 before the Sub-Divisional Officer and certain interim orders have been passed. Since the matter 15 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

is pending before the revenue court concerned, thus, the decisions has to be been taken in accordance with the orders passed by the competent court.

10. At this stage, since the matter of determination of right, title and interest of the property is pending before competent court, thus, it is not desirable to intervene in the matter. This is a case of encroachment, identification and demarcation of land and after finalization of the said land dispute, the environmental violations, if any, are found, the Applicant will have the liberty to file it in separate case.

11. With these observations, the Original Application No.09/2025(CZ) stands disposed of.

Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 29th January, 2026, Original Application No.09/2025(CZ) AK 16 O.A. No.09/2025(CZ) Gotu Singh Rajput Vs. State of Rajasthan & Ors.

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National Green Tribunal

Gotu Singh Rajput vs State Of Rajasthan on 29 January, 2026