Jetha Ram Vs. State and ors

Jetha Ram vs State and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Oct 07, 2014

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https://sooperkanoon.com/case/1166214

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Citation: sooperkanoon.com/1166214
Court: Rajasthan Jodhpur High Court
Decided On: Oct 07, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Jetha Ram

Respondent

State and ors

Excerpt

1 d.b.civil writ petition (pil) no.6781/2014 date of order :: 07.10.2014 hon'ble mr.justice govind mathur hon'ble mr.justice vijay bishnoi mr.kuldeep mathur, for petitioner..this petition for writ is preferred to have directions as under:- i) the actions of the respondent authorities in making the frequent indiscriminate and blind allotment of the common land / gair mumkin land for the purpose of setting up of solar power project may kindly be declared illegal. ii) the respondent authorities may further be directed to cancel all the allotments made in favour of the organizations for the purpose of establishment of solar power project which does not fall in the identified land of solar park. iii) the inquiry may be initiated against such erring officials who have illegally alloted the land for organizations to establish solar power project in contravention of law. iv) the respondent authorities may kindly be directed to issue proper process of law either by auction, notice inviting tender or other similar recognized process for allotment of land to such solar power organizations. v) an independent commissioner may be appointed to access the situation of the land and submit a report thereof. vi) the respondent authorities may kindly be directed to ensure strict compliances for maintaining the standards of environment by preparing the detailed and exhaustive scheme. vii) the cost of writ petition may kindly be awarded in favour of the petitioner. 2 suffice to mention here that before approaching this court, the petitioner did not care to agitate his cause before the competent authority of the government of rajasthan. in such circumstances, no mandamus as prayed for can be issued at the instance of the petitioner. the writ petition is therefore, dismissed. the petitioner is at liberty to agitate his cause by way of submitting a representation before the competent authority. if such representation is filed within a month from today, the same shall be considered.....

Full Judgment

1 D.B.CIVIL WRIT PETITION (PIL) NO.6781/2014 DATE OF ORDER

:: 07.10.2014 HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Kuldeep Mathur, for petitioner..This petition for writ is preferred to have directions as under:- i) The actions of the respondent authorities in making the frequent indiscriminate and blind allotment of the common land / Gair Mumkin land for the purpose of setting up of Solar Power Project may kindly be declared illegal.

ii) The respondent authorities may further be directed to cancel all the allotments made in favour of the organizations for the purpose of establishment of Solar Power Project which does not fall in the identified land of solar park.

iii) The inquiry may be initiated against such erring officials who have illegally alloted the land for organizations to establish Solar Power Project in contravention of law.

iv) The respondent authorities may kindly be directed to issue proper process of law either by auction, notice inviting tender or other similar recognized process for allotment of land to such Solar Power Organizations.

v) An independent commissioner may be appointed to access the situation of the land and submit a report thereof.

vi) The respondent authorities may kindly be directed to ensure strict compliances for maintaining the standards of environment by preparing the detailed and exhaustive scheme.

vii) The cost of writ petition may kindly be awarded in favour of the petitioner.

2 Suffice to mention here that before approaching this Court, the petitioner did not care to agitate his cause before the competent authority of the Government of Rajasthan.

In such circumstances, no mandamus as prayed for can be issued at the instance of the petitioner.

The writ petition is therefore, dismissed.

The petitioner is at liberty to agitate his cause by way of submitting a representation before the Competent Authority.

If such representation is filed within a month from today, the same shall be considered appropriately by the authority concerned.

[VIJAY BISHNOI]., J.

[GOVIND MATHUR]., J.

Abhishek 41

Same Court & Year Rajasthan Jodhpur · 2014 Same Parties Jetha Ram vs State and ors Same Subject Land Acquisition