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2022 DIGILAW 2660 (RAJ)

Girdhari Lal v. State Of Rajasthan

2022-10-21

KULDEEP MATHUR, SANDEEP MEHTA

body2022
JUDGMENT 1. 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). 2. 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 admeasuring 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. 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. 3. 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. v. State of Rajasthan & Ors. 3. 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. v. 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. v. 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. 4. 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, Khinawari and Katoliya where Sanitary Landfill Site can be constructed at such places. 5. 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. 6. 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. 7. We have given our thoughtful consideration to the submissions advanced at bar and have gone through the material available on record. 8. 3,000/- crores has been imposed on the State of Rajasthan on account of failure to manage the solid and liquid waste material. 7. We have given our thoughtful consideration to the submissions advanced at bar and have gone through the material available on record. 8. 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 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 pendens in the High Court and the Municipality would be bound by the directions given. It has further been observed that the matter is lis pendens 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 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. 9. 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. 10. With the above observations and directions, the writ petition is dismissed. No order as to costs.