JUDGMENT : VIJAY BISHNOI, J. 1. The instant writ petition in the nature of Public Interest Litigation is preferred on behalf of the petitioner claiming the following reliefs : “It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and passed the following directions : A. By an appropriate, writ, order or direction may kindly be issued and the order impugned dated 30.03.2021 (Annexure-6) passed by District Collector, Barmer may kindly be quashed and set aside. B. By an appropriate, writ, order or direction may kindly be issued and the land of the Khasra No.4114/3723 area 1.13 bigha of the Village Patodi, Tehsil Pachpadra, District Barmer, may kindly be directed to restore in original position as exists on or before 30.03.2021. C. By an appropriate, writ, order of direction may kindly be issued and the respondent may kindly be restricted to make any allotments/set apart of the land of Khasra NO. 4114/3723 recorded as Gair Mumkin Gochar of Village Patodi, Tehsil Pachpadra, District Barmer. D. That nay other relief, which this Hon’ble Court deems fit, by which the petitioner may get full justice may also be allowed.” 2. Vide order dated 30.3.2021, the District Collector, Barmer has converted 500 Sq. Meters of land, out of 1.13 Bigha land, recorded as Gair Mumkin Gochar falling in Khasra No.4114/3723 while exercising powers under Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 (for short ‘the Rules of 1955’) and thereafter has allotted the said 500 Sq. Meters of land for the purpose of erecting a Martyr Memorial (for short ‘Shahid Smarak’) while exercising powers under the Conditions for (Allotment of Unoccupied Government Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility), 1963 (for short ‘the Conditions of 1963’) at village Patodi. Simultaneously, the District Collector, Barmer has also ordered for converting 500 Sq. Meters of Gochar land out of 3.16 Bigha of Khasra No.3717 of village Patodi recorded as Barani Soyam. 3. Brief facts necessary for adjudication of the case are that on 5.3.2021, the Gram Panchayat, Patodi has filed an application before the Tehsildar, Pachpadra, District Barmer requesting for allotting 8 Biswa of Gair Mumkin Gochar land out of 1.13 Bigha of land falling in Khasra No.4114/3723 of village Patodi for the purpose of constructing Shahid Smarak. 3. Brief facts necessary for adjudication of the case are that on 5.3.2021, the Gram Panchayat, Patodi has filed an application before the Tehsildar, Pachpadra, District Barmer requesting for allotting 8 Biswa of Gair Mumkin Gochar land out of 1.13 Bigha of land falling in Khasra No.4114/3723 of village Patodi for the purpose of constructing Shahid Smarak. The Gram Panchayat has also offered that in compensation of the allotment of 8 Biswa of land of Khasra No.4114/3723 of village Patodi, 8 Biswa of land of Khasra No.3717 be set apart as Gochar. Along with the said application, a resolution of this effect passed by the Gram Panchayat dated 5.3.2021 is also enclosed. The Gram Panchayat has also enclosed a No Objection Certificate stating therein that if 8 Biswa of the land of Khasra No.3717 is set apart for Gair Mumkin Gochar, the Gram Panchayat has no objection. 4. The Tehsildar, Pachpadra has forwarded the said application to the SDO, Balotra, who in turn, after getting the requisite report from the Tehsildar, Pachpadra has referred the matter to the District Collector, Barmer vide letter dated 12.3.2021 along with the check list for necessary action. 5. The Gram Panchayat, Patodi vide letter dated 22.3.2021, addressing to the District Collector, Barmer, has informed that the Shahid Smarak will be constructed from the donation of public. The District Collector, Barmer, thereafter, proceeded further and ultimately vide order dated 30.3.2021 has allotted 500 Sq. Meters of Gochar land of Khasra No.4114/3723 for the purpose of construction of Shahid Smarak in village Patodi while converting 500 Sq. Meters of land of Khasra No.3717 as Gochar land. 6. Assailing the order impugned, learned counsel for the petitioner has argued that the District Collector, Barmer has no jurisdiction to issue the allotment order for the purpose of construction of Shahid Smarak. Referring to Clause 2 and 4 of the Conditions of 1963, it is argued by learned counsel for the petitioner that Clause 2(v) provides for allotment of land for the purpose of erection of statute of a Shahid Smarak and Clause 4(i) clearly provides that only the SDO concerned is having jurisdiction for allotting the land for erection the statute of Shahid Smarak. Learned counsel for the petitioner has submitted that from the above, it is clear that the District Collector, Barmer has no jurisdiction to allot the land for the purpose of construction of Shahid Smarak, as such, the impugned order is without jurisdiction and the same is liable to be set aside. 7. Learned counsel for the petitioner has further submitted that as per proviso to Clause 3 of the Conditions of 1963, the land for the purpose of construction of Shahid Smarak can only be allotted when the work is sanctioned by the competent authority under the MLA, Local Area Fund Scheme. It is submitted that in the present case, no work has been sanctioned under the sanctioned Scheme and, as such, the allotment of the land in question is bad in the eye of law. 8. Learned counsel for the petitioner has further argued that as per proviso to sub-rule (2) of Rule 7 of the Rules of 1995, the pasture land can only be allotted for the purpose of infrastructure projects and the definition of infrastructure project does not include Shahid Smarak. 9. Learned counsel for the petitioner has also submitted that the villagers of village Patodi have agitated that the Gram Panchayat and its functionaries are trying to grab the Gochar land situated in the middle of the village in the name of construction of Shahid Smarak and, therefore, they have protested before the authorities concerned, but the authorities concerned did not pay any heed to it and, in such circumstances, the petitioner is forced to approach this Court by way of filing the instant writ petition in public interest. 10. Learned counsel for the petitioner has also submitted that this Court in Gulab Kothari, Editor, Rajasthan Patrika, Jaipur Vs. State of Rajasthan & Ors., reported in 2017(2) RLW 1178 (Raj.) has specifically held that pasture land cannot be converted for any other purpose except for benefit of public at large. 11. Learned counsel for the petitioner, thus, prayed that the writ petition may kindly be allowed and the impugned order dated 30.3.2021 passed by the District Collector, Barmer may kindly be quashed and set aside in the interest of public of village Patodi. 12. Opposing the writ petition, Mr. Sunil Beniwal, learned AAG has submitted that the District Collector, Barmer has not committed any illegality in passing the impugned order. 12. Opposing the writ petition, Mr. Sunil Beniwal, learned AAG has submitted that the District Collector, Barmer has not committed any illegality in passing the impugned order. It is submitted that since the land which is allotted for the purpose of construction of Shahid Smarak, is recorded as Gochar land, the District Collector, Barmer is the only competent authority to convert the Gochar land for non agricultural purposes, the SDO has referred the matter to the District Collector, Barmer, who while exercising powers under Rule 7 of the Rules of 1995 has set apart the Gochar land of village Patodi and thereafter allotted it for the purpose of construction of Shahid Smarak as per the Conditions of 1963. 13. Mr. Beniwal, learned AAG has further argued that as per proviso 5 of Clause 3(1) of the Conditions of 1963, the land not only can be allotted for the purpose of construction of Shahid Smarak when the work is sanctioned by the competent authority under the MLA, Local Area Fund Scheme, but also can be allotted if there is satisfaction that adequate funds are available for this purpose through contribution/donation by the local people. It is submitted that in the present case, the Gram Panchayat vide letter dated 22.3.2021 has communicated to the District Collector that the Shahid Smarak will be constructed with the contribution/donation of the local people. 14. Mr. Beniwal has further submitted that the land allotted by the District Collector, Barmer for the purpose of construction of Shahid Smarak is located in the centre of the village surrounded by the market and has not been used for the purpose of grazing cattle since long. It is further submitted that though, construction of Shahid Smarak was proposed to be done by contribution/donation through the local people, however later on, the local MLA has proposed rupees ten lac for the purpose of construction of Shahid Smarak along with the boundary wall and for erecting structure for the National Flag and sanction in this regard has already been granted on 2.8.2022. 15. It is also submitted that with the construction of Shahid Smarak, the possibility of encroachment over the land lying in the centre of the village is ruled out. It is also submitted that construction of Shahid Smarak in the centre of the village cannot be said to be detrimental to the interest of public at large. 16. Mr. 15. It is also submitted that with the construction of Shahid Smarak, the possibility of encroachment over the land lying in the centre of the village is ruled out. It is also submitted that construction of Shahid Smarak in the centre of the village cannot be said to be detrimental to the interest of public at large. 16. Mr. Beniwal, thus, prayed that there is no force in this writ petition and the same is liable to be dismissed. 17. Heard learned counsel for the parties and perused the material available on record. 18. The allotment of the land for the purpose of construction of Shahid Smarak is made on the request of the Gram Panchayat, Patodi. The allotted land was recorded as Gochar and, in such circumstances, the SDO, Pachpadra has referred the matter to the District Collector because only the District Collector is the competent authority to convert the Gochar land for non agricultural purposes as per Rule 7 of the Rules of 1955. Though, it is noticed that as per Clause 4(i) of the Conditions of 1963, for the purpose of erection of statute of a Shahid Smarak, the SDO is the competent authority for allotment of the land, however, 5th proviso to the Clause 3(ii)(d) of the Conditions of 1963, the land for the purpose of erecting statue of a Martyr can only be allotted if work for that purpose is sanctioned under the MLA, Local Area Fund Scheme or if the concerned Collector is satisfied that adequate funds are available for this purpose through contribution/donation by the local people. In the present case, the Gram Panchayat, Patodi has communicated to the District Collector that Shahid Smarak would be constructed with the contribution of local people and probably for that reason, the Collector has passed the order of allotting the land for constructing Shahid Smarak. 19. So far as the argument of learned counsel for the petitioner that the Gochar land can only be set apart or allotted for the purpose of infrastructure projects is concerned, the same is devoid of merit because as per Rule 7(i) of the Rules of 1955, the Collector can change the classification of any Gochar land from agriculture to non agriculture purposes and also for the infrastructure projects. Certainly, the construction of Shahid Smarak does not fall under the definition of infrastructure project, but very well comes within the definition of non-agriculture purpose. 20. The other argument of learned counsel for the petitioner that as per Gulab Kothari’s case (supra), the pasture land can only be converted for other purpose in the interest of public is concerned, we are of the view that construction of Shahid Smarak cannot be termed as against the interest of public. Shahid Smarak can inspire the people and may also serve a purpose i.e. building of strong feelings of Patriotism in the public. 21. Moreover, after allotment of the land for the purpose of construction of Shahid Smarak, as the local MLA has sanctioned fund for the construction of the same and for erecting structure for the National Flag, it would not be in the interest of anybody to cancel the allotment, which may result in lapse of the money sanctioned under the Scheme. It is also noticed that the land in question is situated in the centre of the village surrounded by the market and, in such circumstances, such land cannot be termed as pasture land and it would also not safe for the purpose of grazing cattle. 22. In view of the above discussion, we are not inclined to interfere in the impugned order dated 30.3.2021 passed by the District Collector, Barmer. However, the Gram Panchayat concerned is directed to construct the Shahid Smarak along with the boundary wall and erect structure for the National Flag expeditiously, while using the money sanctioned under the MLA, Local Area Fund Scheme. 23. The Gram Panchayat is also directed not to use the allotted land for any other purpose, except for the purpose it has been allotted. If the allotted land is used for any other purpose, except for the purpose it is allotted, the Sarpanch of the Gram Panchayat concerned would be held responsible for the same and will be subjected to action in accordance with law. 24. With these observations, this writ petition is disposed of.