Friday, December 30, 2011

In Other Courts: High Court of Rajasthan stays allotment of common lands for Windmills in Jodhpur


D.B. PIL PETITION NO .........../2011
LIBRA INDIA VS. STATE OF RAJASTHAN & ORS.


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN 
AT JODHPUR


D.B. PIL PETITION NO 12850/2011


PETITIONER:
LIBRA INDIA
through its Managing Trustee,
Sanjeet Purohit S/o. Sh. Vinod Purohit,
aged 32 years, R/o. 18/716,
Chopasni Housing Board, Jodhpur.

VERSUS

RESPONDENTS:

1. State of Rajasthan,
    through the Secretary,
    Department of Energy, Secretariat,
    Government of Rajasthan, Jaipur.

2. Rajasthan Renewable Energy Corporation Ltd.(RRECL),
    through its Chairman & Managing Director,
    E-166, Yudhishthir Marg, C-Scheme,
    Jaipur-302005.

3. The District Collector,
    Jaisalmer.

4. M/s. Vish Wind Infrastructure LLP
   (formerly known as Vish Wind Infrastructure Ltd.),
   Reg. Office at : Enercon Tower, A-9,
   Veera Industrial Estate, Veera Desai Road,
   Andheri East, Mumbai.

5. M/s. Suzlon Gujarat Wind Park Ltd.,
    through its Managing Director,
    5, Shrimali Society, Navrangpura,
    Ahmedabad (Guj.)


D.B. CIVIL WRIT PETITION (PIL) NO.12850/2011


DATE OF ORDER :     21/12/2011

HON'BLE THE CHIEF JUSTICE MR ARUN MISHRA

HON'BLE MR JUSTICE KAILASH CHANDRA JOSHI


Mr Kuldeep Mathur, for the Petitioner.
------

     Heard

          Issue notice to the respondents to show cause admission against as well as interim relief. Requisite steps be taken within a period of seven days. Process Fees be paid by registered post with acknowledgement due within a period of seven days, failing which the writ application shall stand automatically dismissed without reference to the Bench. Notice be made returnable in four weeks.

          Also heard on stay application.
          Meanwhile, it is ordered that the status quo with respect to the land in question 
          be maintained.


                     Sd/-                                                                                                        Sd/-
(KAILASH CHANDRA JOSHI)J                                                              (ARUN MISHRA) CJ

*** Typed version of the order. The scanned copy of the order attached.  
























Thursday, December 29, 2011

Gurgaon: Land worth crores restored to Panchayat


Gurgaon, December 11, 2011
The Gurgaon district administration has restored 165 acres of panchayat land worth crores to Nainwal gram panchayat near IMT Manesar. This land was fraudulently converted into 'Shamlat Deh' allegedly by the then revenue officials to benefit private shareholders and land-grabbers. The Gurgaon deputy commissioner, P C Meena, has ensured not only possession of this land to the gram panchayat but also the ownership or title which had been transferred in individuals' names.
As per records, the panchayati land of village Nainwal was changed into 'Shamlat Deh' by the then revenue officials in December 2004. This was then illegally distributed among private shareholders without the relevant order from any competent court.The then sub-divisional magistrate ( SDM) of Gurgaon, who was also allegedly involved in the case, has already been dismissed by the state government.
"Out of a total 165 acres, 42 acres was transferred in the name of M/s Gamma Buildwell Private Limited, another 42 acres was with M/s Zenith Real Private Limited and the remaining 81 acres of land was in the name of numerous private persons," said the DC. The sarpanch, Manoj Yadav, confirmed that they have taken back possession of the said land.

"Out of 165 acres of this reclaimed land, about 80 acres was irrigated and the panchayat would like to give this piece of land on lease so that income can be generated for taking up works of development in the village," Yadav said.

According to the sarpanch, apart from this 165 acres, some land belonging to village panchayat was under acquisition by the government, and the case was pending in the court. Now, after getting the ownership, in the event of acquisition, the village panchayat will get a compensation of about Rs 4 crore which otherwise would have gone to the private shareholders as compensation.

This amount also can be utilized for taking up development works in the village. This is barely a few months after the district administration had helped get back 1,900 acres land to Municipal Committee Sohna which was saved from going into the hands of the land mafia. The Nainwal case is the second case of its kind in which a large piece of government land has been taken back from the land grabbers.

Copyright © 2011 Bennett, Coleman & Co. Ltd. All rights reserved

Wednesday, December 28, 2011

Orissa Govt admits land under encroachment

Bhubaneswar, Saturday, December 17, 2011

Alleging lack of efforts to retrieve government land under encroachment, opposition Congress on Saturday walked out of the Orissa Assembly even as Revenue Minister S N Patro assured the members that all land in illegal possession would be freed. 

"Valuable government land at different places of the state including the state capital, Cuttack, Puri, Konark, Jajpur were under illegal possession of individuals," Patro told the assembly, replying to an adjournment motion debate. 

The worth of land under encroachment here would be at least Rs 2,000 crore, the minister said adding that a special cell has been set up at the revenue department to ensure return of such lands. "Out of 9,454.801 acre of land under encroachment, the government retrieved 2516.015 acre so far." 

Rejecting the allegation that the government had made no effort to free encroached land, the minister said a new legislation was being made to ensure smooth recovery of land. "We have been referring land encroachment cases to the Crime Branch for investigation," the minister said. 

Congress chief whip Prasad Harichandan, however, alleged that the government had made no effort to recover land and said the crime branch was not doing its duties thus giving time to encroaches to legalise their land in fraudulent manner.

"Of the 60 land encroachment cases handed over to the crime branch, only one case has so far been finalised," Harichandan said adding that the CBI on the other hand doing excellent job in certain land scams. To justify his claim that the government had made no effort to retrieve land, Harichandan pointed out how the revenue department "indulged in illegal activities of land conversion". 

While there was no provision of issuing K-form for land conversion under the Orissa Land Reform Act, 1960, the government had empowered tehsildars to undertake conversion activities through a simple notification. 

"While the existing land law gives power to assistant land settlement or assistant consolidation officers to allow land conversion, the government illegally empowered the tehsildars to do the job," the Congress leader said. He alleged that irrigated agricultural lands were being converted for other purposes including industrial use. 

"The state government is taking the shelter of IDCO (Industrial Infrastructure Development Corporation) Rules to ensure easy land conversion," he pointed out. 

Citing an instance, the leader of opposition Bhupinder Singh said that 2823 acre of valuable land near sea shore in Puri was illegally taken by some people and the government had failed to retrieve them though three decades had passed. 


Displeased over the government's action in retrieving lands, the opposition walked out of the assembly. 

PTI 


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Monday, December 26, 2011

Claim for Commons: Rajasthan ; PIL in the High Court challenging the allotment of common lands at Jodhpur for Windmills

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR

D.B. PIL PETITION NO……………./2011
PETITIONER:
LIBRA INDIA
through its Managing Trustee,
Sanjeet Purohit S/o. Sh. Vinod Purohit,
aged 32 years, R/o. 18/716,
Chopasni Housing Board, Jodhpur.
VERSUS

RESPONDENTS:
1. State of Rajasthan,
through the Secretary,
Department of Energy, Secretariat,
Government of Rajasthan, Jaipur.
2. Rajasthan Renewable Energy Corporation Ltd.(RRECL), through its Chairman & Managing Director,
E-166, Yudhishthir Marg, C-Scheme,
Jaipur-302005.
3. The District Collector,
Jaisalmer.
4. M/s. Vish Wind Infrastructure LLP
(formerly known as Vish Wind Infrastructure Ltd.),
Reg. Office at : Enercon Tower, A-9, Veera Industrial Estate, Veera Desai Road, Andheri East, Mumbai.
5. M/s. Suzlon Gujarat Wind Park Ltd.,
through its Managing Director,
5, Shrimali Society, Navrangpura,
Ahmedabad (Guj.)
* * *
PUBLIC INTEREST LITIGATION UNDER RULE 385-A OF THE RAJASTHAN HIGH COURT RULES, 1952
* * *
WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA
* * *
IN THE MATTER OF ARTICLE 14, 21 & 39-C & 48 OF
THE CONSTITUTION OF INDIA
* * *
IN THE MATTER OF RAJASTHAN PANCHYATI RAJ ACT, 1994
& THE RULES MADE THEREUNDER.
* * *
IN THE MATTER OF RAJASTHAN LAND REVENUE
(ALLOTMENT OF LAND FOR SETTING UP OF POWER PLANT BASED ON RENEWABLE ENERGY SOURCES) RULES, 2007
* * *
IN THE MATTER OF RAJASTHAN COMMON LAND POLICY, 2010
* * *
IN THE MATTER OF ILLEGAL ALLOTMENT OF THE COMMON LAND FOR SETTING UP OF THE WIND-FARM.
* * *

To
Hon’ble the Chief Justice & his Lordship's other companion Judges of the High Court of judicature for Rajasthan at Jodhpur.

MAY IT PLEASE YOUR LORDSHIPS;
1. Particulars of the cause / order against which the petition is made:
(1) Date of Order – 07.01.2011
(2) Passed – by the District Collector, Jaisalmer.
(3) Subject-matter in brief – The cause of action to file the present Public Interest Litigation is the frequent indiscriminate and illegal allotment of common land reserved as grazing-ground (Charagah) for the purpose of setting up of wind-farm by the respondent no.3. Through the present writ petition, the petitioner is highlighting the illegal and invalid action of the respondent authorities in making allotment of the common land for the purpose of setting-up of wind-mills in District Jaisalmer. The common land which can be used as grazing-ground is being allotted to multinational companies at subsidized rates. This entire exercise is being carried out by the respondents while keeping the petitioner Gram Panchayat at bay.
The petitioner Trust through this writ petition highlights an important aspect that the sole availability of the fodder situated in the grazing-ground, for the livestock of the area is also affecting adversely due to setting up of wind-farm on the common land.
2. Particulars of the Petitioner:
(1) That the present writ petition is being filed by the petitioner LIBRA INDIA (hereinafter referred to as "Petitioner Trust") which is public Trust registered under the Rajasthan Public Trust Act, 1959 having its Registration No.6/2011. The petitioner Trust is comprised of a bunch of professionals including Lawyers, Chartered Accountants, Journalists, Academicians etc. for socially motivated and committed to make efforts for ensuring justice in all walks of social life by bringing the socio-enviro-judicious equilibrium in the country. The fundamental objectives of the petitioner Trust is to pursue socio legal equilibrium. The aims and objectives of the petitioner Trust as mentioned in the Trust Deed can be summed up in a nut-shell as Legal Initiatives Based on Research & Advocacy in India. A copy of the Registration Certificate of the petitioner Trust is enclosed herewith and marked as Annex-1. The Managing Trustees of the petitioner Trust have unanimously resolved to highlight the issue of illegal and invalid allotment of common land for different purposes by the Government of Rajasthan by way of filing the present writ petition and by the said Resolution dated 07.12.2011, Sh. Sanjeet Purohit has been authorized to file the present PIL on behalf of the petitioner Trust.
3. Declaration and undertaking of the petitioner(s):
(1) The present petition is being filed by way of Public Interest Litigation and the petitioner Trust does not have any personal interest in the matter. The petition is being filed in the interest of people at large, more particularly the inhabitants and livestock of the Villages where the land reserved as grazing-ground were allotted for setting-up of wind-farm.
(2) That the entire litigation cost and other charges are being borne by the Trustees of the petitioner Trust.
(3) That a thorough research has been conducted in the matter raised through the Public Interest Litigation. All the relevant materials collected during the said research are annexed with the petition.
(4) That to the best of the petitioner's knowledge and research, the issue raised has not dealt with or decided and that a similar or identical petition has not filed earlier by it.
(5) The petitioner has understood that in the course of hearing of this petition the Court may require any security to be furnished towards costs or any other charges and the petitioner Trust will comply with such requirements.
4. Facts in brief, constituting the cause:
    1. Jaisalmer lies on Indo-Pakistan border at western part of Rajasthan state. Strategically, Jaisalmer is places approximately at 26.92° N 70.9° E. It also rises to a height of about 229 meters or 751 feet above the mean sea level. The city Jaisalmer covers in a total area of about 5.1 sq.km and the same has plethora of beautiful locales of having its great heritage and tourism value. It is the largest district of Rajasthan and one of the largest in the country.
For sustaining their livelihood, largely, the people are involved in the business of trading as well as tourism related activities in the urban side, whereas at the rural side of the city, the livelihood of the villagers is basically dependent on agricultural activities and livestock.
    1. That before proceeding with the facts of the case, the petitioner Trust deems it desirable to mention in detail the legal provisions, authoritative pronouncements and Government Policy and Circulars relevant and germane to the present writ petition.
  • The Section 2(xx) of the Rajasthan Panchayati Raj Act, 1994 provides the definition of "public land" or "common land".
"Public Land" or "Common Land" means land which is not in exclusive possession and use of any individual but is used by the inhabitants of the local area commonly."
  • The issue with regard to the illegal allotment and occupation of common land was taken with a very serious view by the Hon'ble Apex Court of our country. The Hon'ble Supreme Court in its recent authoritative pronouncement passed in the case of Jagpal Singh & Ors. has held that there is a urgent need of saving and restoring the common lands to its original purpose, so that the same may be used by the people at large for its common use. The Hon'ble Supreme Court through the said judgment has called upon all the State Governments to prepare a Scheme for eviction of illegal / unauthorized occupants from the Shamlat land. The observations made by the Hon'ble Supreme Court are quoted below:
"22. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.
23. Let a copy of this order be sent to all Chief Secretaries of all States and Union Territories in India who will ensure strict and prompt compliance of this order and submit compliance reports to this Court from time to time.
24. Although we have dismissed this appeal, it shall be listed before this Court from time to time (on dates fixed by us), so that we can monitor implementation of our directions herein. List again before us on 3.5.2011 on which date all Chief Secretaries in India will submit their reports."
  • That in pursuance of the said order passed by the Hon'ble Supreme Court, the State of Rajasthan has taken some steps for implementation of the directions contained in the said judgment. The Government of Rajasthan has passed the circular on 25.04.2011 and 09.06.2011 providing for the appropriate steps for preservation and restoration of the common lands including the Charagah land in the entire State. A copy of the circular dated 25.04.2011 and 09.06.2011 is enclosed herewith and marked as Annex-2 collectively.
  • That the State of Rajasthan has further proceeded to launch a campaign i.e. "Campaign for the Commons" in the State of Rajasthan for ensuring the complete and proper compliance of the directions issued by the Hon'ble Supreme Court in case of Jagpal Singh & Ors. During the said campaign, the State of Rajasthan has also announced the draft of Rajasthan Common Land Policy, 2010. While issuing the said Policy, a complete mechanism was provided for identifying securing, maintaining, protecting and restoring the common land across the State. A copy of the draft Policy 2010 shall be kept ready for the perusal of the Court at the time of arguments. A news item highlighting the launch of the programme "Campaign for the Commons" is enclosed herewith and marked as Annex-3.
  • That the Rule 165 of the Rajathan Panchayati Raj Rules, 1996 clearly provides for protection of Panchayat land including the Charagah land. While acknowledging the need of ensuring the free and flowing use of Charagah land, the State of Rajasthan has issued a circular from time to time and provided the mechanism the encroachment from the Charagah land and to develop the said land under the NREGA Scheme. The copies of the circular dated 24.03.2011, 26.03.2011 and 05.05.2011 are enclosed herewith and marked as Annex-4 collectively.
  • That it is a settled position of law that the land reserved as grazing-ground (Charagah land) is an important form of common land and the same is required to be reserved for the livestock of the vicinity.
  • While keeping in mind such an importants of the Charagah land, the Section 16 of the Rajasthan Tenancy Act, 1955 clearly provides that no land reserved as pasture land/grazing-land can be allotted for any other purpose.
  • It is submitted that the allotment of land for the purpose of setting-up of Renewable Energy Plant including Wind Farm are made under the Rajasthan Land Revenue (Allotment of Land for Setting up of Power Plant Based on Renewable Energy Sources) Rules, 2007 (for brevity hereinafter referred to as "Rules of 2007"). The Rule 5 of the said Rules provide the list of category of land which cannot be allotted for the purpose of Renewable Energy Plant. The said Rule 5(1) prohibits the allotment of any land as prohibited under Section 16 of the Rajasthan Tenancy Act, 1955 which includes the pasture land/Charagah land.
In view of the said provisions of law as well as the directions contained in the judgment passed by the Hon'ble Supreme Court, it is clear that no common land, more specifically a Charagah land can be allotted for any other purpose and on the contrary, it is the bounden duty of the State Government to keep and ensure that all the common land in the State must be free from any unauthorized possession and occupants. The Rules of 2007 clearly prohibits the allotment of any Charagah land for the purpose of setting-up of wind-farm.
    1. That recently, the members of the petitioner Trust have learnt that the illegal and indiscriminate allotment of Government land for the purpose of setting-up of wind-farm has created alarming situation in District Jaisalmer. On an enquiry being made and after collecting the documents from the local activists of the area, it has been realized that the entire process for allotment of the land for setting up of Renewable Energy Plant has been made in a most illegal, arbitrary, unreasonable and indiscriminatory manner. The entire process of allotment of land is silent on the aspect of involvement of the local Gram Panchayat and inhabitants of the area. A close scrutiny of the documents has revealed that the allotment of the Government land for the purpose of setting-up of wind-farm has been made while giving a complete goby to the provisions of law as well as the directions contained in the authoritative pronouncements of the Courts of law.
    2. That the petitioner Trust realized that various parts of land which has been reserved as Charagah land has been allotted for the purpose of setting-up of wind-farm. In order to support the said evidence, the petitioner Trust places reliance on some of the Jamabandis (Revenue Record) relating to Village Kuldhar and Village Dhedha of District Jaisalmer where the land reserved as Charagah land has been allotted to the respondent no.4 & 5 for the purpose of setting up of wind-farm. It is submitted that the District Collector, Jaisalmer through its order dated 07.01.2011 has allotted a huge part of land to the respondent no.5 and the same includes some part of Chargah land also, which has been allotted in utter disregard to the provisions of law as well as directions of the Hon'ble Supreme Court. Copies of the relevant Jamanbandis are enclosed herewith and marked as Annex-5 collectively. A copy of the allotment order dated 07.01.2011 is enclosed herewith and marked as Annex-6.
    3. That the petitioner submits that the entire process for the allotment of the land has been undertaken in a most illegal and casual manner and without properly verifying the specification of land proposed to be allotted for setting up of wind-farm. Before passing of the order of allotment dated 07.01.2011, the respondent no.3 has sent a proposal letter to the respondent no.1, wherein it was falsely declared that no part of the proposed land is reserved as Charagah land. A copy of the communication dated 26.08.2010 is enclosed herewith and marked as Annex-7.
    4. That it is submitted that the said illegal and indiscriminate allotment of Government land has created huge hue and cry amongst the inhabitants of the area and in this regard, various representation has been given to the respondent no.3 and request was made to restore the common land in its original shape. Copies of the representations are enclosed herewith and marked as Annex-8 collectively.
    5. That although, in pursuance of the said representations, the respondent authority were supposed the cancel the allotment of the cancel the allotment of the land reserved as Charagah land for any other purpose, however, the respondent authority while acting in a most arbitrary and malafide manner has proposed to change the specification of the land in the revenue record while declaring it to be a clerical mistake. The corrections have been introduced in the revenue record and in place of the Charagah land, a specification has been introduced as Charai land. The petitioner submits that in spite of the said change of nomenclature, the basic nature of the land either Charagah or charai would remain the same and the same is meant to be used commonly by the livestock of the local vicinity. The details with regard to the said modification of the specification of the land are mentioned in the Jamanbadi itself. However, it is submitted that the same is nothing, but an attempt to justify the illegal allotment of common land / Charagah land being made for setting-up of the wind-farm.
    6. That it is submitted that in spite of the repeated representations being made by the local inhabitants, the directions issued by the Hon'ble Supreme Court, the circulars being issued by the State Government as well as the specific prohibition being provided under the Rules, the respondent authorities have not made any effort to cancel the allotment of Charagah land being made for the purpose of setting-up of wind-farm. It is very much clear and obvious that the common land i.e. Charagah land which was kept reserved to be used by the public at large has been allotted to the respondent no.4 & 5 and therefore, the said allotment has violated the rights of the public at large. Even otherwise, the allotment of the common land for any other purpose is certainly against the public interest. In these circumstances, the petitioner Trust has left with no option, but to approach this Hon'ble Court by way of the present Public Interest Litigation on following amongst other grounds:
5. Source of information:
The petitioner declares that the facts pleaded in the petition have been verified by him personally and the same are based upon the documentary proofs obtained by the petitioner Trust through the news-items as well as the documents made available by the local inhabitants of the area as well as the information available upon the dedicated official website of the concerned Department.
6. Nature and extent of injury caused / apprehended:
That in view of averments made above, it is very much clust be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.
7. Any representation etc. made:
That the petitioner submits that various representations have been made by the local inhabitant / activists / Gram Panchayat of the area and the same are enclosed with the present petition. However, no reply has been given by the respondents till date.
8. GROUNDS:
That in such circumstances, looking to the illegal actions and inactions of the respondent authorities, the petitioner Trust has left with no option, but to approach this Hon'ble Court on following amongst other grounds:-
8.1 That at the outset, it is submitted that the action of the respondent authorities in allotting the common land reserved as Charagah land, which is best suited as grazing-ground for the purpose of setting up of wind-farm is absolutely arbitrary, unreasonable, illegal and unconstitutional. It is submitted that the statutory position is quite clear that the allotment of Charagah land for any other purpose is specifically barred by law, however, the respondent authorities have time and again allotted the reserved common land for other purposes as the same are not at all tenable in the eye of law. Such arbitrary and mala-fide action on the part of respondent authorities is against the constitutional spirit and therefore, the same is not tenable in the eye of law.
8.2 That it is submitted that the Hon'ble Supreme Court in its recent pronouncement has held that the allotment / occupation over the common land is against the basic tenets of village-life. The Hon'ble Supreme Court has directed all the State Governments to take steps for restoration and preservation of common lands. The State of Rajasthan has come as pioneer in launching a programme for protection of common land. However, the respondent authorities have frustrated the said campaign while making the allotment of Charagah land for setting up of wind-farm. The action of the respondents in clear negation of the directions given by the Hon'ble Supreme Court as well as against the numerous circulars passed by the State Government. In this view of the matter, the allotment of common land / Charagah land so made by the respondents is not tenable in the eye of law.
8.3 That it is submitted that the Rules of 2007 itself prohibits the allotment of Charagah land for the purpose of Renewable Energy Plant. The other provisions such as Section 16 of the Rajasthan Tenancy Act and Rule 165 of the Panchayati Raj Rules also provides for protection and preservation of Charagah land across the State. In this view of the matter, the allotment of the common land / Charagah land made for the purpose of setting up of wind farm is in clear violation of the statutory provisions and therefore, the same are not tenable in the eye of law.
8.4 That the petitioner submits that the action of the respondents in making casual allotments of common land for the purpose of wind-farm is absolutely arbitrary, illegal and unreasonable. It is submitted that the respondent in the said process of allotment has completely denied the identity of the local Gram Panchayat as well as the inhabitants of the area. It is stated that there was no justification available with the respondent authorities in making the said allotment of the said land reserved for Charagah land. In such circumstances, the actions of the respondents being unreasonable and irrational are violative of Article 14 & 21 of the Constitution of India and therefore, the same are not tenable in the eye of law.
8.5 That the petitioner submits that the action of the respondents in introducing the correction in the revenue record is further invalid and the same is nothing, but malafide exercise of powers by the respondents. It is stated that in spite of the change of the nomenclature, the connotation and use of both the terms "Charagah" & "Charai" are quite same and even the Charai land being meant to be used commonly cannot be allotted for any other purpose. The action of the respondents in introducing the said corrections is in clear negation of the procedure provided under the statute and therefore, the same being done without any authority of law is not tenable in the eye of law.
8.6 That the petitioner submits that the action of the respondents in making indiscriminate and casual allotment of common land for the other purposes is violative of the directions contained in the judgment passed by the Hon'ble Supreme Court as well as the policy decision taken by the State of Rajasthan in its campaign called "Shamlat Abhiyan". It is stated that such indiscriminate allotment of the common land is going to adversely affect the interest of the public at large and therefore, the interference of this Hon'ble Court is very much called for in the present Public Interest Litigation.
8.7 That the other grounds shall be urged at the time of arguments after craving leave from this Hon'ble Court.
9. Delay, if any, in filing the petition and explanation therefore:
That it is submitted that immediately after coming to know about the invalid and illegal actions of the respondent authorities highlighted in the present writ petition, the petitioner Trust has filed the present PIL. The allotment of huge chunk of common land reserved as Charagah land is still alive and the same is a continuous cause of action for the petitioner Trust for filing the present PIL.
10. Relief(s) prayed for:
It is therefore, humbly prayed that this petition in the form of Public Interest Litigation may kindly be allowed. By issuing an appropriate writ order or direction;
  1. The actions of the respondent authorities in making the frequent indiscriminate and blind allotment of the common land / Charagah land / Charai land for the purpose of setting up of wind-farm may kindly be declared illegal.
  2. All the allotments of common land / Charagah land / Charai land made for the purpose of setting-up of wind-farm may kindly be declared illegal and the same may be quashed and set aside.
  3. The respondent authorities may further be directed to ensure a strict compliance of the directions contained in the judgment passed by the Hon'ble Supreme Court in Jagpal Singh's case in its true letter and spirit.
  4. The respondent authorities may further be directed to implement the Policy Decision taken by the State of Rajasthan in its campaign called "Shamlat Abhiyan" at the earliest.
  5. The respondent may kindly be restrained from making allotment of any common land / Charagah land / Charai land for setting up of wind-farm.
  6. The action of the respondents in not undertaking the prior consultation with the local Gram Panchayat before making the allotment of land of the village for setting up of wind-farm may kindly be declared illegal.
  7. The actions of the respondents in making corrections / modifications in the revenue record may also be declared illegal and the same may kindly be quashed and set aside.
  8. The cost of the writ petition may kindly be awarded in favour of the petitioner.
  9. Any other writ, order or direction which your Lordship may deem just and proper in the facts and circumstances stated above, in favour of the petitioner may kindly be allowed.
11. Interim order, if prayed for:
In the meanwhile during the pendency of the present petition, the respondents may kindly be restrained from making any allotment of the common land / Charagah land / Charai land for the purpose of setting up of wind-farm. The respondent no.4 & 5 may also be restrained for setting up of any new wind-farm over the common land / Charagah land / Charai land.
12. Caveat:
That, no notice for Caveat has been received by the petitioner of lodging a caveat by the opposite party.
­

DATE: COUNSEL FOR THE PETITIONER
PLACE :JODHPUR

NOTES: -
  1. No such petition has been filed prior to this before this Hon'ble Court
  2. P.F. Notices and Extra-copies shall be filled within the prescribed time.
  3. As the pie papers are not made readily available in the market, therefore, typed on these papers.
  4. Typed in my office by my private steno.
  5. Vires not challenged.

COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ear that the allotment of common land / grazing-land / Charagah land for any other purpose is not only violative of statutory provisions and the judgment passed by the Hon'ble Supreme Court, but the same is against the public interest as the livestock of the area have been deprived of the land specifically kept reserved for them to use the same as its grazing-ground. It is submitted that the developing tendency of the respondent-authorities and the illegal allotments of the common land is affecting the public at large to a great extent.
7. Any representation etc. made:
That the petitioner submits that various representations have been made by the local inhabitant / activists / Gram Panchayat of the area and the same are enclosed with the present petition. However, no reply has been given by the respondents till date.
8. GROUNDS:
That in such circumstances, looking to the illegal actions and inactions of the respondent authorities, the petitioner Trust has left with no option, but to approach this Hon'ble Court on following amongst other grounds:-
8.1 That at the outset, it is submitted that the action of the respondent authorities in allotting the common land reserved as Charagah land, which is best suited as grazing-ground for the purpose of setting up of wind-farm is absolutely arbitrary, unreasonable, illegal and unconstitutional. It is submitted that the statutory position is quite clear that the allotment of Charagah land for any other purpose is specifically barred by law, however, the respondent authorities have time and again allotted the reserved common land for other purposes as the same are not at all tenable in the eye of law. Such arbitrary and mala-fide action on the part of respondent authorities is against the constitutional spirit and therefore, the same is not tenable in the eye of law.
8.2 That it is submitted that the Hon'ble Supreme Court in its recent pronouncement has held that the allotment / occupation over the common land is against the basic tenets of village-life. The Hon'ble Supreme Court has directed all the State Governments to take steps for restoration and preservation of common lands. The State of Rajasthan has come as pioneer in launching a programme for protection of common land. However, the respondent authorities have frustrated the said campaign while making the allotment of Charagah land for setting up of wind-farm. The action of the respondents in clear negation of the directions given by the Hon'ble Supreme Court as well as against the numerous circulars passed by the State Government. In this view of the matter, the allotment of common land / Charagah land so made by the respondents is not tenable in the eye of law.
8.3 That it is submitted that the Rules of 2007 itself prohibits the allotment of Charagah land for the purpose of Renewable Energy Plant. The other provisions such as Section 16 of the Rajasthan Tenancy Act and Rule 165 of the Panchayati Raj Rules also provides for protection and preservation of Charagah land across the State. In this view of the matter, the allotment of the common land / Charagah land made for the purpose of setting up of wind farm is in clear violation of the statutory provisions and therefore, the same are not tenable in the eye of law.
8.4 That the petitioner submits that the action of the respondents in making casual allotments of common land for the purpose of wind-farm is absolutely arbitrary, illegal and unreasonable. It is submitted that the respondent in the said process of allotment has completely denied the identity of the local Gram Panchayat as well as the inhabitants of the area. It is stated that there was no justification available with the respondent authorities in making the said allotment of the said land reserved for Charagah land. In such circumstances, the actions of the respondents being unreasonable and irrational are violative of Article 14 & 21 of the Constitution of India and therefore, the same are not tenable in the eye of law.
8.5 That the petitioner submits that the action of the respondents in introducing the correction in the revenue record is further invalid and the same is nothing, but malafide exercise of powers by the respondents. It is stated that in spite of the change of the nomenclature, the connotation and use of both the terms "Charagah" & "Charai" are quite same and even the Charai land being meant to be used commonly cannot be allotted for any other purpose. The action of the respondents in introducing the said corrections is in clear negation of the procedure provided under the statute and therefore, the same being done without any authority of law is not tenable in the eye of law.
8.6 That the petitioner submits that the action of the respondents in making indiscriminate and casual allotment of common land for the other purposes is violative of the directions contained in the judgment passed by the Hon'ble Supreme Court as well as the policy decision taken by the State of Rajasthan in its campaign called "Shamlat Abhiyan". It is stated that such indiscriminate allotment of the common land is going to adversely affect the interest of the public at large and therefore, the interference of this Hon'ble Court is very much called for in the present Public Interest Litigation.
8.7 That the other grounds shall be urged at the time of arguments after craving leave from this Hon'ble Court.
9. Delay, if any, in filing the petition and explanation therefore:
That it is submitted that immediately after coming to know about the invalid and illegal actions of the respondent authorities highlighted in the present writ petition, the petitioner Trust has filed the present PIL. The allotment of huge chunk of common land reserved as Charagah land is still alive and the same is a continuous cause of action for the petitioner Trust for filing the present PIL.
10. Relief(s) prayed for:
It is therefore, humbly prayed that this petition in the form of Public Interest Litigation may kindly be allowed. By issuing an appropriate writ order or direction;
  1. The actions of the respondent authorities in making the frequent indiscriminate and blind allotment of the common land / Charagah land / Charai land for the purpose of setting up of wind-farm may kindly be declared illegal.
  2. All the allotments of common land / Charagah land / Charai land made for the purpose of setting-up of wind-farm may kindly be declared illegal and the same may be quashed and set aside.
  3. The respondent authorities may further be directed to ensure a strict compliance of the directions contained in the judgment passed by the Hon'ble Supreme Court in Jagpal Singh's case in its true letter and spirit.
  4. The respondent authorities may further be directed to implement the Policy Decision taken by the State of Rajasthan in its campaign called "Shamlat Abhiyan" at the earliest.
  5. The respondent may kindly be restrained from making allotment of any common land / Charagah land / Charai land for setting up of wind-farm.
  6. The action of the respondents in not undertaking the prior consultation with the local Gram Panchayat before making the allotment of land of the village for setting up of wind-farm may kindly be declared illegal.
  7. The actions of the respondents in making corrections / modifications in the revenue record may also be declared illegal and the same may kindly be quashed and set aside.
  8. The cost of the writ petition may kindly be awarded in favour of the petitioner.
  9. Any other writ, order or direction which your Lordship may deem just and proper in the facts and circumstances stated above, in favour of the petitioner may kindly be allowed.
11. Interim order, if prayed for:
In the meanwhile during the pendency of the present petition, the respondents may kindly be restrained from making any allotment of the common land / Charagah land / Charai land for the purpose of setting up of wind-farm. The respondent no.4 & 5 may also be restrained for setting up of any new wind-farm over the common land / Charagah land / Charai land.
12. Caveat:
That, no notice for Caveat has been received by the petitioner of lodging a caveat by the opposite party.
­

DATE: COUNSEL FOR THE PETITIONER
PLACE :JODHPUR

NOTES: -

  1. No such petition has been filed prior to this before this Hon'ble Court
  2. P.F. Notices and Extra-copies shall be filled within the prescribed time.
  3. As the pie papers are not made readily available in the market, therefore, typed on these papers.
  4. Typed in my office by my private steno.
  5. Vires not challenged.

COUNSEL FOR THE PETITIONER

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR

D.B. PIL PETITION NO. /2011

PETITIONER : V/S RESPONDENTS:
LIBRA INDIA State of Rajasthan & Ors.

AFFIDAVIT IN SUPPORT OF PETITION
I, Sanjeet Purohit S/o. Sh. Vinod Purohit, aged 32 years, R/o. 18/716, Chopasni Housing Board, Jodhpur, state on oath as under:-
        1. That I am one of Managing Trustees of the petitioner Trust and am authorized to swear this affidavit on behalf of the other Trustees of the petitioner Trust. I am fully conversant with the facts of the case.
        2. That the annexed petition has been drafted by my counsel as per the instructions and I have carefully gone through the contents of the case and understood the same fully well.
        3. That the averments regarding facts contained in the annexed petition are true and correct to my personal knowledge and the legal submissions are based on legal advice given by my counsel.

VARIFICATION :
I, the above named deponent do hereby verify that my above affidavit is true and correct, nothing has been concealed therein.
SO HELP ME GOD.

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR

D.B. PIL PETITION NO. /2011

PETITIONER : V/S RESPONDENTS:
LIBRA INDIA State of Rajasthan & Ors.


AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, Sanjeet Purohit S/o. Sh. Vinod Purohit, aged 32 years, R/o. 18/716, Chopasni Housing Board, Jodhpur, state on oath as under:-
1. That I am one of Managing Trustees of the petitioner Trust and am authorized to swear this affidavit on behalf of the other Trustees of the petitioner Trust. I am fully conversant with the facts of the case.
2 That the Annexure-1 to last are true and correct copy of their original.
VARIFICATION
I, the above named deponent do hereby verify that my above affidavit is true and correct, nothing has been concealed therein.
SO HELP ME GOD.

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR

D. B. CIVIL STAY PETITION NO. / 2011
IN

D.B. PIL PETITION NO. /2011

PETITIONER:
LIBRA INDIA
through its Managing Trustee,
Sanjeet Purohit S/o. Sh. Vinod Purohit,
aged 32 years, R/o. 18/716,
Chopasni Housing Board, Jodhpur.
VERSUS

RESPONDENTS:
1. State of Rajasthan,
through the Secretary,
Department of Energy, Secretariat,
Government of Rajasthan, Jaipur.
2. Rajasthan Renewable Energy Corporation Ltd.(RRECL), through its Chairman & Managing Director,
E-166, Yudhishthir Marg, C-Scheme,
Jaipur-302005.
3. The District Collector,
Jaisalmer.
4. M/s. Vish Wind Infrastructure LLP
(formerly known as Vish Wind Infrastructure Ltd.),
Reg. Office at : Enercon Tower, A-9, Veera Industrial Estate, Veera Desai Road, Andheri East, Mumbai.
5. M/s. Suzlon Gujarat Wind Park Ltd.,
through its Managing Director,
5, Shrimali Society, Navrangpura,
Ahmedabad (Guj.)
* * *
STAY PETITION UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA
* * *

To,
Hon’ble the Chief Justice & his Lordship's other companion Judges of the High Court of judicature for Rajasthan at Jodhpur.

MAY IT PLEASE YOUR LORDSHIPS,
On behalf of the above named humble petitioner, it is most respectfully submitted as under:-
  1. That in view of the facts and grounds mentioned in the memo of petition, which may be treated as a part and parcel of this stay application, it is clear that the petitioner has prima facie case in his favour.
  2. That balance of convenience also lies in favour of the petitioner.
  3. That it is most respectfully prayed on behalf of the petitioner that during the pendency of this petition, in case interim relief as prayed for is not passed; the public at large is going to suffer irreparable injury.
It is, therefore, humbly prayed that in the meanwhile during the pendency of the present petition, the respondents may kindly be restrained from making any allotment of the common land / Charagah land / Charai land of the District Jaisalmer for the purpose of setting up of wind-farm. The respondent no.4 & 5 may also be restrained for setting up of any wind-farm over the common land / Charagah land / Charai land of the District Jaisalmer.
Any other appropriate interim order or direction, which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may kindly be also passed in favour of the petitioner.

DATE: COUNSEL FOR THE PETITIONER
PLACE :JODHPUR
NOTES: -
  1. No such writ petition has been filed prior to this before this Hon'ble Court.
  2. P.F. Notices and Extra-copies shall be filled within the prescribed time.
  3. As the pie papers are not made readily available in the market, therefore, typed on these papers.
  4. Typed in my office by my private steno.
  5. I certify that the titling on the top of the pages and internal and external pagination has been done in all the set of pleading and file in the court or copy to be given to the opposite counsel.

COUNSEL FOR THE PETITIONER

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D. B. CIVIL STAY PETITION NO. / 2011
IN

D.B. PIL PETITION NO. /2011


PETITIONER : V/S RESPONDENTS:
LIBRA INDIA State of Rajasthan & Ors.

AFFIDAVIT IN SUPPORT OF STAY PETITION


I, Sanjeet Purohit S/o. Sh. Vinod Purohit, aged 32 years, R/o. 18/716, Chopasni Housing Board, Jodhpur, state on oath as under:-
1. That I am one of Managing Trustees of the petitioner Trust and am authorized to swear this affidavit on behalf of the other Trustees of the petitioner Trust. I am fully conversant with the facts of the case.
2. That annexed stay petition has been drafted as per my instruction by my counsel. The contents of petition have been read over to me and I have understood the same.
3. The contents of Para 1 to last of the stay petition are true and correct to my personal knowledge and the legal submission are true to my belief being based on legal advice.
VERIFICATION
I, the above named deponent do hereby verify that my above affidavit is true and correct, nothing has been concealed and no part of it is false.
SO HELP ME GOD.

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR

D.B. PIL PETITION NO. /2011

PETITIONER : V/S RESPONDENTS:
LIBRA INDIA State of Rajasthan & Ors.
I N D E X
S. No. Particulars Page No.
1. Public Interest Litigation
2. Affidavit in support of Petition
3. Affidavit in support of Documents
4. Stay Petition
5. Affidavit in support of Stay Petition.
DOCUMENTS:
Annex.1. Copy of Registration Certificate
Annex.2. Copy of circulars dt. 25.04.2011 and 09.06.2011
Annex.3. Copy of news item
Annex.4 Copy of the circular dated 24.03.2011, 26.03.2011 and 05.05.2011.
Annex.5. Copies of relevant Jamanbandis.
Annex.6. Copy of allotment order dated 07.01.2011
Annex.7. Copy of communication dated 26.08.2010
Annex.8. Copies of representations collectively.
DATE: COUNSEL FOR THE PETITIONER
PLACE :Jodhpur

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR

D.B. PIL PETITION NO. /2011

PETITIONER : V/S RESPONDENTS:
LIBRA INDIA State of Rajasthan & Ors.

LIST OF DATES AND EVENTS

DATES PARTICULARS
Hence the present petition…..


DATE: COUNSEL FOR THE PETITIONER
PLACE :JODHPUR