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2011 DIGILAW 526 (RAJ)

Director General, Research v. State of Rajasthan

2011-03-09

ARUN MISHRA, PRAKASH TATIA

body2011
Hon'ble MISHRA, CJ.—Heard finally with the consent of the counsel for the parties. 2. The petitioner Director General, Research & Development, Ministry of Defence has made a prayer in the petition that the respondents be directed to allot 2561 bighas land in village Juna Patrasar and village Sujan Nagar in Tehsil & District, Barmer as the same is required for the purpose of establishment of Defence department which is in national interest. The request has been declined by the District Collector on the ground that land in question is shown in the revenue record as Gair Mumkin Nadi (unh) (river) which falls within the prohibited category and cannot be allotted in view of direction issued by this Court in (Abdul Rahman vs. State of Rajasthan & Ors., D.B. Civil Writ Petition No. 1536/2003). 3. The respondents have filed reply along with a report of the Collector which has also been placed on record. Though the land in question is recorded as Gair Mumkin Nadi but in fact, physically it is hilly and even land. Communication R/2 has also been placed on record in support of the aforesaid averments. 4. It is conceded on facts that in fact there is no Gair Mumkin Nadi existing on the spot, therefore the decision rendered by the Division Bench of this Court in (Abdul Rahman vs. State of Raj. & Ors.) shall not come in the way of the respondents in making the allotment. In view of aforesaid factual matrix and considering the nature of requirement, we direct that let the allotment be processed as assured within six weeks from today. 5. The writ petition stands disposed of in terms of aforesaid direction. No costs.