ORDER 1. With the consent of learned counsel for the parties, the matter is finally heard. 2. Petitioner, Pro Bono, challenges the order dated 27.7.2017 passed by Collector, District Morena, carving out 0.12 hectare land of survey No. 286 situated at village Bhajpura, Tahsil Porsa, District Morena, for haat bazaar. 3. The challenge is on the ground that the land which has been carved out for haat bazaar is a part of Charnoi land. It is urged that as the land reserved for Charnoi is less than 2%, it is beyond the competence of Collector, District Morena to carve out the land for haat bazaar. 4. The challenge is on the anvil of the stipulations contained under sub-section (3) of section 237 of the Madhya Pradesh Land Revenue Code, 1959. 5. On being noticed, the respondent/State has filed the reply, wherein as per paragraph No. 1, it is not disputed that total area of village Bhajpura is 302 hectare and the total agricultural land of village Bhajpura is 273 hectare. 2% of agricultural land as per sub-section (3) of section 237 of the Code of 1959 comes to 5.46 hectare. Whereas only 4.22 hectare land are reserved for the Charnoi. 6. That being so, it is beyond the competence of Collector, District Morena to carve out 0.12 hectare of Charnoi land for haat bazaar. 7. Sub-section (3) of section 237 of the Code of 1959 mandates that:- “(3) Subject to the rules made under this Code, the Collector after securing the land mentioned in clause (b) of sub-section (1) to minimum two percent of the total agriculture land of that village, may divert such unoccupied land as mentioned in sub-section (1) into abadi or for construction of roads, State highways, national highways, canals, tanks, hospitals, schools, colleges, Goshalas and any other public utility projects as may be determined by the State Government : Provided that the land set apart for the purposes mentioned in sub-section (1) shall not be diverted and allotted to any person for agriculture purposes.” 8. Thus, it is only after securing the land for pasture, grass bir or fodder reserve to minimum of 2% of the total agricultural land of that village, the Collector assumes an authority in law to divert the land for any other purpose mentioned therein including the haat bazaar. 9. Thus, it is only after securing the land for pasture, grass bir or fodder reserve to minimum of 2% of the total agricultural land of that village, the Collector assumes an authority in law to divert the land for any other purpose mentioned therein including the haat bazaar. 9. In the case at hand, as evident, the land reserved for Charnoi is less than 2%, the order passed by Collector, District Morena, further carving out 0.12 hectare therefrom without reserving the land for Charnoi is thus has no sanction of law. 10. Consequently, the order dated 27.7.2017 passed by Collector, District Morena is quashed. Consequential action thereon are also quashed. 11. Petition is allowed to the extent above. There shall be no order as to costs.