Indian Kanoon - Search engine for Indian Law

All the aforesaid connected Special Appeals arise out of the judgment of learned Single Judge dated 26th April, 2013 in M/s R.P.Bricks Industries V/s State & ors. (S.B.Civil Writ Petition No.10833/2010) alongwith 131 connected matters, the details of which are given in Schedule-A of the judgment.

2. Learned Single Judge dismissed all the writ petitions, by which the petitioners had challenged the demand of conversion charges under Section 90A of the Rajasthan Land Revenue Act, 1956, read with Rajasthan Land Revenue (Conversion of Agricultural Land for Non- Agricultural Purposes in Rural Areas) Rules, 2007, for conversion of agricultural land for non-agricultural purposes for mining of brick earth and manufacture of brick in the brick-kiln established on the land, whether in a colony area or khatedari agricultural land.

11. Learned counsels appearing for the appellants-petitioners in other matters have argued that the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007 are applicable to rural areas, whereas in many cases the mining leases have been granted and brick-kilns have been set-up in urban areas and thus, the demand made for conversion charges is wholly illegal and must be struck down.

12. Learned Additional Advocate General appearing for the State of Rajasthan submits that there is no error of law in the judgment of learned Single Judge. The entire law on the subject as well as the judgments cited at the Bar were considered and distinguished in arriving at a conclusion that the demand of conversion charges under section 90A of the Rajasthan Land Revenue Act, 1956 read with Rules of 2007, is valid and justified in law. He submits that in all the cases, the lands, on which the mining leases have been granted under the Rajasthan Minor Mineral Concession Rules, 1986, are khatedari lands. All these khatedari lands are held on tenures, under the Rajasthan Land Revenue Act, 1956. The lands held under the tenures as khatedari lands for agricultural purposes are not permitted to be used for any other purpose, unless the user is converted with permission of competent authority. Section 90A inserted by Section 3 of the Rajasthan Act No.47 of 1958 with effect from 27.12.1958 provides for conversion of agricultural land for non-agricultural purposes on certain conditions. Sub-section (1) of Section 90A provides that no person holding any land for purpose of agriculture, and no transferee of such land or any part thereof shall use the same or any part thereof by the construction of buildings thereon or otherwise, for any purpose except with the written permission of the State Government obtained in the manner laid down and otherwise than in accordance with the terms and conditions of such permission. The Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007 have been made in exercise of the powers conferred by Clause(xi-A) of sub- section (2) of Section 261 read with Section 90A of the Rajasthan Land Revenue Act, 1956. The Rules of 2007 define 'industrial purpose' under Rule 2(g) as follows:

15. In the present case, we are not concerned with the powers of the Collector for granting leases for running brick-kilns. The issue is confined to the conversion of the khatedari land under section 90A of the Rajasthan Land Revenue Act, 1956 read with Rules of 2007 from agricultural to industrial purposes. The conversion of the land from agricultural to industrial purpose is not an encroachment or is in conflict with the powers of the Mining Engineer to grant mining lease on the land. The grant of mining lease does not authorize the licensee to establish and run brick-kiln on the land, which is a khatedari land. It is a permission given for change of user of khatedari land from agricultural to industrial purposes and this permission has to be granted on certain conditions and on payment of minimum rates, which are prescribed under the Rules of 2007. There is no conflict between the powers conferred on the Mining Engineer under Rule 4 of the Rajasthan Minor Mineral Concession Rules, 1986 and the powers conferred on the revenue authorities under section 90-A of the Rajasthan Land Revenue Act, 1956 for conversion of agricultural land for industrial use, for which the procedure and rates are prescribed under the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007.

16. We do not find that the petitioners, who are appellants before us, had challenged the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007 and thus, we are relieved of adjudicating the question of validity of the Rules of 2007, the procedure and rates prescribed thereunder for conversion of agricultural land for industrial purposes.

17. We do not find that there is any foundation for the argument that the land for which the notice has been given for conversion to industrial use is not a khatedari land or that such land is not situate in rural areas. There are no pleadings to support the argument raised regarding the location of the land in areas other than rural areas.