Rajasthan High Court - Jodhpur
Deedwana Bar Association vs State Of Rajasthan on 27 January, 2022
Bench: Akil Kureshi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition (PIL) No. 2289/2021
1. Deedwana Bar Association, Deedwana Through Its
General Secretary Shiv Bhagwan, Advocate S/o Shri
Heera Ram, Aged About 47 Years, R/o Village Baori, Tehsil
Deedwana, District Nagaur, At Present Subhash Colony,
Deedwana, District Nagaur.
2. Mohd. Ali Sherani S/o Shri Umar Khan Sherani, Aged
About 55 Years, President, Deedwana Bar Association, R/
o Village Sherani Abad, Tehsil Deedwana, District Nagaur
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Revenue, Government Of Rajasthan,
Secretariat, Jaipur.
2. The District Collector, Nagaur.
3. Additional District Collector, Deedwana.
4. Sub Division Officer, Deedwana.
5. Executive Engineer, Public Works Department, Deedwana,
District Nagaur.
6. Executive Officer, Municipal Board, Deedwana, District
Nagaur.
----Respondents
For Petitioner(s) : Mr. G.R. Punia, Sr. Adv. assisted by
Mr. Rajesh Punia
For Respondent(s) : Mr. Sunil Beniwal, AAG
Mr. Karan Singh Rajpurohit, AAG
Mr. Rakesh Arora
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
27/01/2022
This public interest petition is filed by Deedwana Bar
Association. The petitioners have challenged an order dated
(2 of 4) [CW-2289/2021]
18.03.2020 passed by the District Collector, Nagaur converting a
portion of land ad-measuring 2.4300 hectares of khasra No.1029
out of total land ad-measuring 14.32 hectares falls in the Gair
Mumkin Pahad and it is ordered to be vested in the Deedwana
Municipal Board on certain terms and conditions specified in the
said order. Principally, the objections of the petitioner to this
order are that the conversion is done without changing the master
plan and the proposed construction of the government building on
the said land is in any case opposed to the provisions made in the
master plan for the land in question.
Learned counsel for the petitioner submitted that the land in
question falls in the periphery control belt. As per the provisions
of the sanctioned master plan, there are certain restrictions for
use of land situated in this zone. Ignoring such restrictions and
without modifying or amending the master plan, the order passed
by the District Collector for change of use of the land is wholly
impermissible as provided by the Division Bench judgment of this
Court in the Case of Gulab Kothari, Editor, Rajasthan, Patrika,
Jaipur Vs. State of Rajasthan And Ors., 2017(1) DNJ(Raj.)
147.
The respondents State authorities have filed affidavit and
prayed for vacating the interim relief which was granted on
10.02.2021 directing the respondents to maintain status quo.
This application is filed in terms of Article 226(3) of the
Constitution. In an affidavit filed by respondent No.5 i.e.
Executive Engineer, Public Works Department, Deedwana, it is
stated that the order dated 01.02.2017 passed by the Joint
Secretary, sanction was granted for construction of office of S.D.O.
along with Tehsil office for a sum of Rs.351 lacs and the office of
(3 of 4) [CW-2289/2021]
Additional District Collector for a sum of Rs.300 lacs. Pursuant to
this order, the District Collector had transferred a portion of the
land from khasra No.1029 to the Municipal Board, Deedwana.
This was done with the specific purpose of construction of the
Government building. It is stated that pursuant to the order,
possession of the land is also handed over to the Municipal Board.
On 16.10.2020 and 29.10.2020, tenders were invited for
construction of the building and eventually work order was issued
on 11.12.2020 in favour of one M/s. H.R. Contractors for a sum of
Rs.182.67 lacs for construction of Sub-Division office and Tehsil
office and another work order was issued on 11.12.2020 in favour
of M/s Y.K. Goran for a sum of Rs.168.79 lacs for construction of
building of the office of the Additional District Collector. It is
further pointed out that pursuant to such work order the
construction began at the site and by 09.02.2021 a total sum of
Rs.70 lacs had been spent. After the interim stay granted by this
Court, the work has been stopped at the site.
In the master plan for the land falling in the periphery
control belt, it is provided that such areas would be rural areas.
The land use in such areas would be for the purpose of
agriculture, forestry, horticulture, garden etc. and such similar
uses. It is further provided that no permission for undesirable
urban development will be granted in relation to the land falling in
the periphery control belt and uses would be predominantly of
agricultural nature.
The larger question that the land falling in periphery control
belt can be put to any use other than agriculture, forestry,
horticulture, garden and such similar uses and cannot be utilized
even for construction of Government building without amending or
(4 of 4) [CW-2289/2021]
modifying the master plan, needs closure scrutiny. For such
purpose, we are inclined to admit this public interest petition.
However, in the facts of the present case, we are not inclined to
continue the interim order granted earlier. This is for the following
reasons.
As pointed out, at the site what is proposed to be
constructed is essentially the Government building, for which
purpose, sanction has been granted by the Government;
conversion of the land has been made by the District Collector and
the land is handed over to the Municipal Board; contracts have
been invited; tenders have been finalized; work orders have been
issued and substantial work has already been undertaken. At this
stage, to perpetually stay further construction would be
detrimental to the larger public interest also.
To examine the larger question open, we admit the public
interest petition, but vacate the interim relief granted earlier.
Issue notice. Counsel for the respondents waive service of
notice on respondents.
(MADAN GOPAL VYAS),J (AKIL KURESHI),CJ
20-MohitTak/-
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