The Rajasthan High Court has recently directed the respondent authorities that the land which has been allotted by way of exchange, which has already been recorded as road, needs to be developed as a proper pliable road in the concerned village area.
The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas disposed of a Public Interest Litigation (PIL) filed with the prayer to quash the order dated 17/7/2019 allowing exchange of land in favour of a oil company.
Deepak Bishnoi , counsel for the petitioners, submitted that the land, which has been given to the oil company, was earlier being used as part of a road, whereas the land, which has been given in exchange under the impugned order, has not been developed as road. Therefore, there will be serious difficulty in the matter of access.
The order was passed by the competent authority way-back on 17.07.2019. The challenge to the same has been made by filing the present petition on 12.05.2022 which is after almost three years. The only public interest involved in the matter is that the land, which has been given in exchange, has not been developed as road, the Court noted.
The cause, which has been espoused before the High Court by filing the petition, can be served by issuing direction for development of the land given in exchange as road at the earliest and not in interfering with the allotment by way of exchange almost three years to the prejudice of respondent, who may have made substantial progress towards the establishment of industrial unit.
Therefore, the Bench directed the District Collector, Sub Divisional Officer and Tehsildar Rohat, Pali, that the land which has been allotted by way of exchange which has already been recorded as road, needs to be developed as a proper pliable road in the concerned village area.
The Collector shall issue necessary direction to its subordinate authorities to develop the land as road, if it has not been done so far, in a time-bound manner, in any case within three months from the date of receipt of copy of this order. This order shall be placed for due compliance before the District Collector, Pali, the Court further directed.