Sunday, September 25, 2022

Rajasthan HC dismisses PIL against building of Panchayat Bhawan on school land

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The Rajasthan High Court has dismissed a Public Interest Litigation (PIL) alleging that respondent authorities have constructed the building of Panchayat Bhawan Budhnagar, Panchayat Samiti Mandore on a chunk of land set apart for the school.

The respondents have filed reply to the writ petition wherein a pertinent plea is taken that the building of the Panchayat Bhawan has already been constructed. The resolution for constructing the building was passed by the Gram Panchayat on the land which is entered as “Gair Mumkin Lata” in the revenue record.

Manoj Bohra, the counsel representing the petitioners, fervently urged that as a matter of fact, the description of the land on which the Panchayat Bhawan has been constructed, has been wrongly entered in the revenue records and as a matter of fact, the building has actually been constructed on land overlapping that which was reserved for school. He urged that appropriate direction deserves to be given for setting apart identical chunk of land for the Government School, Budhnagar.

Per contra, AAG Sunil Beniwal with reference to the revenue record, filed along with the reply, pointed out that one Khasra was divided further and land measuring 3.07 bighas continued to comprise the main khasra as government land and it is the said part of this khasra has been used for construction of the Panchayat Bhawan.

Having heard and considered the submissions advanced at bar and after going through the material available on record, the Division Bench of Justice Sandeep Mehta and Justice Kuldeep Mathur was of the firm view that the petitioners have failed to demonstrate that the land on which the building of the Panchayat Samiti has been constructed, as a matter of fact, comprised of different Khasra which were set apart for the school building.

As per the relevant record, a distinct chunk of 3.07 bighas remained in the original khasra as government land which has been allotted for the Panchayat Bhawan. The building has been constructed on this very chunk of land. Hence, there is no question of the Panchayat Bhawan having been constructed on the land of school, observed the Bench.

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