Girdhari Lal vs The State Of Rajasthan
2022 Latest Caselaw 12643 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 16838/2021

1. Girdhari Lal S/o Shri Joga Ram, Aged About 42 Years, By Caste Meghwal, Resident Of Village Garnia Tehsil Jaitaran District Pali.

2. Mahendra Singh Saran S/o Shri Sata Ram, Aged About 47 Years, Resident Of Village Garnia Tehsil Jaitaran District Pali.

3. Dala Ram S/o Shri Ghewar Ram, Aged About 40 Years, By Caste Devasi, Resident Of Village Garnia Tehsil Jaitaran District Pali.

4. Mohan Lal S/o Shri Labu Ram, Aged About 40 Years, By Caste Sirvi, Resident Of Hunawas Khurd, Naya Bera, Gram Panchayat Garnia Tehsil Jaitaran District Pali.

----Petitioners Versus

1. The State Of Rajasthan, Through Secretary, Department Of Revenue (Gr.3), Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.

2. Joint Secretary, Department Of Revenue (Gr.3), Rajasthan, Jaipur.

3. Principal Secretary, Department Of Local Self Cum State Mission Director, Amrut And Smart Cities, Rajasthan, Jaipur.

4. The District Collector, Pali.

5. Sub Divisional Officer, Jaitaran, District Pali.

6. Tehsildar (Revenue), Jaitaran, District Pali.

7. Executive Officer, Municipal Board, Jaitaran District Pali.

                                                                  ----Respondents


For Petitioner(s)         :     Mr. R.S. Choudhary
For Respondent(s)         :     Mr. Sunil Beniwal, AAG
                                Mr. Rajesh Parihar



           HON'BLE MR. JUSTICE SANDEEP MEHTA
           HON'BLE MR. JUSTICE KULDEEP MATHUR

                                     Order


                                        (2 of 6)                [CW-16838/2021]

21/10/2022

The instant writ petition has been filed by the petitioners

herein being the villagers of Gram Panchayat Garnia aggrieved of

the orders dated 19.08.2021 (Annexure-9) passed by the Joint

Secretary, Revenue Department recommending the conversion of

20 bighas land from Khasra No.260 (Gair Mumkin Gochar), Tehsil

Jaitaran, Village Garnia as Sivay Chak and to compensate the

same by 20 bighas of land of village Kurki, Tehsil Jaitaran as well

as the order (Annexure-10) dated 03.09.2021 passed by the

District Collector, Pali setting part land ad measuring 20 bighas

from Khasra No.260 for the purpose of establishing the Sanitary

Landfill Site in compliance of the order dated 19.08.2021

(Annexure-9).

The petitioners have questioned the legality and validity of

these orders on various grounds, the first and foremost being that

the District Collector has no legal authority to pass such an order.

Another submission is made that the land in question falls within

the catchment area of the village pond of village Garnia and if the

Sanitary Landfill Site is constructed thereupon, the flow of water

through the site would pollute the water and thereby contaminate

the village pond. Submissions have also been made that Gram

Panchayat Garnia has limited Gochar land adadmeasuring 260

bighas only and if huge chunk of land admeasuring 20 bighas is

deducted therefrom for the purpose of construction of the Sanitary

Landfill Site, the grazing land for the cattle would be drastically

reduced. Submission is also made that the land granted by way of

compensation is located at a significant distance and thus, the

same would be of no use whatsoever for grazing purposes.

(3 of 6) [CW-16838/2021]

Another submission is made that the member of the Legislative

Assembly of Jaitaran as well as the Sarpanch and the villagers of

the Gram Panchayat Garnia and so also the Members of the

Municipality, Jaitaran have taken resolutions regarding the said

piece of land not being viable for the purpose of establishment of

the Sanitary Landfill Site.

The respondents in reply have opposed the submissions

advanced by the petitioners. Reliance is placed on the judgment

rendered by this Court in the case of Lalit Choudhary & Ors. vs

State of Rajasthan & Ors. (D.B. Civil Writ Petition

No.5386/2021, decided on 24.01.2022) wherein, it has been

held that under Rule 7 of the Rajasthan Tenancy (Government

Rules), 1955 as amended vide notification dated 03.11.2020, the

District Collectors have been given powers to set apart pasture

land for allotment to be used for public purposes and that prior

permission of the State Government is not required for exercising

such powers. Reference is also made to another judgment

rendered by this Court in the case of Hari Ram & Ors. vs State

of Rajasthan & Ors. (D.B. Civil Writ Petition No.6995/2022,

decided on 27.08.2022) wherein, in an identical controversy

regarding setting up of carcass disposal plant, this Court repelled

the challenge laid thereto at the instance of the villagers.

During the course of arguments, learned counsel Shri R.S.

Choudhary pointed out that the petitioners have undertaken an

extensive exercise and have been able to identify alternate Gochar

lands in the village Patus, Thakarwas, Bhakarwas, Khatikheda,

(4 of 6) [CW-16838/2021]

Khinawari and Katoliya where Sanitary Landfill Site can be

constructed at such places.

To this submission, learned counsel for the respondents,

while referring to satellite maps submitted that none of these

villages are having proper road access and thus, the

transportation of the solid waste material to such locations would

be impossible. It is pointed out that site which has been identified

and set apart under the impugned orders is located just adjacent

to the Jaipur-Jodhpur highway. It has further been submitted that

the Sanitary Landfill Site will be encumbered by a high boundary

wall, the foundations whereof will be of reinforced concrete and

thus, there is no possibility of any contamination of water on

account of the land fill site.

Attention of the Court is also drawn to the order dated

15.09.2022 passed by the National Green Tribunal, Principal

Bench, New Delhi whereby compensation to the tune of

Rs.3,000/- crores has been imposed on the State of Rajasthan on

account of failure to manage the solid and liquid waste material.

We have given our thoughtful consideration to the

submissions advanced at bar and have gone through the material

available on record.

Ex-facie, the contention of the petitioners' counsel regarding

the legality of the impugned order whereby the Sanitary Landfill

Site was identified and was set apart from the Gochar land is

devoid of any merit. The order dated 19.08.2021 was passed by

(5 of 6) [CW-16838/2021]

the State Government which is unquestionably competent to pass

such a direction. The order dated 03.09.2021 passed by the

District Collector was issued in compliance of the order of the

State Government. There there cannot be any issue regarding

legality of these orders. Regarding the viability and feasibility of

the Sanitary Landfill Site identified by the respondent authorities,

much exercise has been done during the pendency of the writ

petition and what can be culled out from the documents placed on

record that the questioned site is the only viable and feasible

location where the Sanitary Landfill can be set up. A perusal of the

map presented along with the writ petition is enough to satisfy the

Court that the identified site is located just near the Jodhpur-

Jaipur National Highway. Various private khatedari lands are

located adjacent to the identified Sanitary Landfill Site and thus

apparently, there cannot be any question of flow of water from the

Sanitary Landfill Site because on one side of the site, there are

khatedari lands. Otherwise also, this Court has been given to

understand that the respondents would be securing the site by

constructing deep foundations and high boundary walls. Therefore,

the possibility of contaminated waste flowing from the Sanitary

Landfill Site towards the village pond is non-existent. Regarding

the resolution of the Municipal Board dated 09.07.2022 not to

accept the proposed Sanitary Landfill Site, suffice it to say that the

said resolution is self-contradictory because it has been observed

therein that under the directions given by NGT, the Municipality

needs a dumping yard. It has further been observed that the

matter is lis pendence in the High Court and the Municipality

would be bound by the directions given. However, simply on the

oral version of a Parshad named Shri Bhenaram, a proposal was

(6 of 6) [CW-16838/2021]

passed not to accept the Sanitary Landfill Site sanctioned at the

village Gram Panchayat Garnia. It may be mentioned that the

Executive Officer has marked his objection to the said proposal.

In view of the above discussion, we are of the firm opinion

that it is not a fit case warranting interference in the decision of

the respondents to sanction 20 bighas 30 biswas land from gochar

land of Khasra No.260 Village Garnia for setting up the Sanitary

Landfill Site to be used by the Municipality, Jaitaran. The

respondent municipality is directed to proceed with the

construction of the establishment of the Landfill Site and to

complete the project at the earliest so as to escape further

penalties from the National Green Tribunal and also to ensure that

proper disposal of the solid waste can be made which is in the

greater public interest.

With the above observations and directions, the writ petition

is dismissed. No order as to costs.

                                   (KULDEEP MATHUR),J                                     (SANDEEP MEHTA),J
                                    57-Sudhir/-









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