Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 1153 (RAJ)

Vinod Kumar v. State Of Rajasthan

2022-04-08

FARJAND ALI, SANDEEP MEHTA

body2022
JUDGMENT 1. The petitioner herein has approached this Court by way of instant writ petition seeking to assail the order dated 12.07.2021 passed by District Collector, Churu whereby, acting on the recommendations of the Sub-Divisional Officer, Sardarshahar, 3.24 hectares land was set apart from the Gair Mumkin Gochar land of the Village Kanwlasar, Tehsil Sardarshahr District Churu to be used as a school playground. 2. Shri M.S. Godara, learned counsel for the petitioner vehemently and fervently urged that the impugned order is absolutely illegal and contrary to the Rajasthan Land Revenue, (Allotment of Unoccupied Government Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility) Rules, 1963 (hereinafter referred to as the 'Rules of 1963'). 3. We have heard and considered the submissions advanced by Shri Godara and have gone through the impugned order as well as Rules of 1963. 4. For the sake of ready-reference, the Rules of 1963 are reproduced hereinbelow:- "[1. Class of land to be allotted. - Any unoccupied Government land may be allotted for any of the purposes mentioned in clause 2. if the allotting authority is satisfied that no suitable unculturable land is available:] Provided that if land recorded as pasture (Gochar) is to be allotted, the procedure of consultation with panchayat as laid down in Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 framed under the Rajasthan Tenancy Act, 1955 (Act 3 of 1955) shall be followed: Provided further that lands which are irrigated by any source or are recorded as public path, beds of river or tank shall not be allotted without prior approval of the State Government: Provided also that no allotment shall be made without prior consultation of Town Planning Department in case of cities and towns for which Master Plan has been approved or is under preparation. [2. Maximum Area to be allotted. [2. Maximum Area to be allotted. - Subject to the requirements, the maximum area to be allotted shall be shown below]- Purpose Maximum Area to be Allotted (a) Primary Schools 2 acres (including school and hostel buildings as well as play grounds) (b) Middle Schools 5 acres (including school and hostel buildings as well as play grounds) (c) Secondary Schools/Senior Secondary Schools/BSTC Schools 10 acres (including schools and hostel buildings as well as play grounds) (d) Degree and postgraduate colleges 30 acres (including college and hostel buildings as well as play grounds) (e) Central Schools managed by Kendriya Vidyalaya Sangathan 15 acres (including schools and hostel buildings as well as play grounds) (f) Navodya Vidyalaya managed by Navodaya Vidyalaya Sangathan 30 acres (including school and hostel buildings as well as play grounds). (g) Hostels 2 acres (including play grounds) (h) Panchayat Ghars 5/16 acres (i) Dharamshalas, Musafirkhanas 1/2 acres (j) All types of dispensaries 1 acre (k) Primary Health Centre 2 acres (l) Government office building 2 acres (m) Temples, Gurudwaras, 200 sq. Yards Mosques or other religious places 200 Sq. Yards (n) Other buildings of public utility 5/16 acres] 3. Term and condition of allotment.- [(i) The allotment shall be made on lease hold basis for a period of 99 years. The lease deed shall be in Form-I. (ii) The allotment to a Government Department or an institution or a local body, or an authority or a Board shall be made free of cost.] The allotment to non-government institutions shall be made on a premium at the following rates- (a) If allotted land is situated within a municipal boundary of a town or city the premium shall be equivalent to 75% of market price of agricultural land to be determined according to the index price as fixed for registration purposes. (b) If the land is situated in the rural areas, premium shall be equivalent to half the market price of agricultural land to be determined according to the index price as fixed for registration purposes. (c) If the land allotted is in excess of the maximum limits prescribed in clause 2, the premium for the excess area shall be equivalent to the market rate of agricultural land to be determined according to the index price as fixed for registration purposes. (c) If the land allotted is in excess of the maximum limits prescribed in clause 2, the premium for the excess area shall be equivalent to the market rate of agricultural land to be determined according to the index price as fixed for registration purposes. [(d) If the land situated in any rural area is allotted to charitable institutions of categories mentioned below for hospitals, diagnostic centres and nursing homes, the premium charges shall be as follows]- Category-A Charitable institutions willing to install at least one advanced diagnostic or curative plant/equipment from within the list approved by the State Government from time to time or provide some medical facility for advanced medical or super speciality services as per the plan approved by the State Government 25% of the market price of agriculture land Category-B Charitable institutions providing medical facility not covered under Category "A" 25% of the market price of agriculture land, [(Provided that no premium shall be charged in case allotment of land is to be made for the purpose of educational, social or economic upliftment of women, to a non-Government institution)]. "[x x x] [(iii) The land shall be used strictly for the purpose for which it is allotted and the construction of the building for which the land is allotted shall commence within six months of handling over the possession. The allottee shall within two years of heading over the possession, be liable to complete the construction of the building and also put it to use for the purpose for which the land was allotted. (iv) The land shall vest in the State Government. (v) The building constructed or the institution started on the allotted land shall be used for the benefit of the public, sale, subletting or transfer in any form of the allotted land and building constructed thereupon shall not be made without the prior approval of the allotting authority. The allotting authority shall, while allowing the transfer, charge fresh premium from the transferee as prescribed in clause (ii) above]. (vi) The allottee shall give a written undertaking to abide by each and every one of the foregoing conditions. (vii) In the event of any breach of the above conditions, the land shall revert to the State Government alongwith the construction thereon without any claim for compensation. [4. Allotting Authority. (vi) The allottee shall give a written undertaking to abide by each and every one of the foregoing conditions. (vii) In the event of any breach of the above conditions, the land shall revert to the State Government alongwith the construction thereon without any claim for compensation. [4. Allotting Authority. - All allotments under these conditions shall be made by the Collector.] [Provided where the area to be allotted to a Government Department or an institution or a local body or an authority or a board exceeds upto 25% of the maximum area prescribed in clause 2, the Collector shall obtain prior approval of the Divisional Commissioner. Provided also that no allotment other than to a Government Department or an institution or a local body or an authority or a board shall be made without obtaining prior approval of the State Government. 5. Remission of land revenue or rent.- Remission of land revenue or rent under sub-section (3) of section 90 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) for the land allotted under this order shall be sanctioned by the Collector concerned, provided that the area does not exceed the scale laid down in para 2 above. 6. Supersession of Order No. F. 6(89) Revenue B/58, Dated 20-1-1961.- The foregoing provisions shall also govern the allotment of land to Government departments for the construction of schools, colleges, dispensaries etc. and this departments Order No. F. 6(89) Revenue B/58, Dated 20-1-1961 is hereby cancelled.] [7. Allotment by Government. - Notwithstanding anything hereinbefore contained in this order, the State Government may allot land exceeding the maximum area specified in para 2 on such terms and conditions as it may deem fit.]" 5. A bare perusal of Rule 1 of the Rules of 1963 makes it clear that land of pasture (Gochar) can be allotted for the purposes mentioned in the Rules of 1963 in consultation with panchayat as per Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955. As per Rule 2(b) of the Rules of 1963, 5 acres of land can be allotted for Middle Schools including school and hostel buildings as well as playgrounds. Manifestly, thus, the impugned allotment is in consonance with the Rule of 1963 and hence, cannot be called in question in this writ petition in the nature of public interest litigation. Consequently, the writ petition fails and is dismissed as such.