The Rajasthan High Court disposed of a Public Interest Litigation (PIL) assailing the action of the respondents in constructing the building of Atal Sewa Kendra on land recorded as ‘Gair Mumkin Nadi’ in the revenue record.
By way of evidence to substantiate the allegation that the building has been constructed on a water body, the petitioner, one Fatehlal, has annexed photographs which reflect that water is collected around the building.
The respondents have filed reply to the petition asserting therein that 3 Biswas land was allotted for the purpose of constructing Atal Sewa Kendra vide order dated 22.04.2010. Thereafter, construction was undertaken and the building has already been put to use.
AAG Sunil Beniwal, during the course of arguments, submitted that as a matter of fact, the building has been constructed on the land of ‘Magri’ and not ‘Nadi’. He further submitted that the petitioner himself was signatory to the proposal taken by the Gram Panchayat whereby, the construction of the building was approved.
Having regard to the overall facts and circumstances as available on record, the Division Bench of Justice Sandeep Mehta and Justice Kuldeep Mathur found that the petitioner has alleged that the building in question has been constructed on the land categorised as ‘Gair Mumkin Nadi’ whereas, the respondents have made a pertinent plea in reply that 3 Biswas of land was allotted for the purpose of Atal Sewa Kendra.
This fact as stated in the reply has not been controverted by the petitioner. Thus, there is discrepancy regarding identification of the land in the allegation of the petitioner vis-a-vis reply of the respondents. The building in question was constructed and inaugurated in 2016. The petitioner’s name is inscribed on the inaugural plaque, observed the Bench.
“In view of these facts and as the building in question has already become functional, requiring the respondents to ensure that the approach road to the building does not get water logged during rainy season, the petition is disposed of,” the order reads.