Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Allotment of Land |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Allotment of Land – For setting up a cement plant – Respondent-company was asked to produce NOC/orders for allocation of ‘Johad’ land from the High Court – The respondent-company approached the High Court by filing writ petition – Accompanying the said writ petition were several documents pertaining to the spot inspection of the site, the reports of the Tehsildar and the correspondence between the parties to demonstrate that the subject land that had been classified as ‘Johad’, neither fell in the catchment area, nor did water gather there and there did not exist any natural source of water on the subject land and therefore, classification of the subject land could be converted to ‘Siwai Chak’ land – Single Judge of the High Court dismissed the writ petition – Division Bench of the High Court directed the appellant-State Government to consider the respondent’s representations – Appellant-State Government passed an order dated 25.01.2016, holding, inter alia, that the subject land having been recorded in the revenue record as ‘Johad’, no allotment could be made in favour of the respondent-company – Thereafter, the Division Bench proceeded to hear the respondent’s appeal on merits and allowed the same, directed the appellant-State Government to allot the subject land in question to the respondent-company and take consequential steps – Before the Supreme Court, appellant-State by relying on a letter of Tehsildar stated that in some khasra numbers of the said village, there exists a pucca pond which acts as a catchment area of rain water – Held: The aforesaid communication by Tehsildar was not filed by the appellant-State Government before the High Court at the appropriate stage, well before the date of passing of the impugned judgment – Nothing prevented the appellant-State Government from producing the relevant photographs of the purported pucca pond existing at some spots within village Baswa – It is not the case of the appellant-State Government that the earlier reports submitted by the Tehsildar after conducting a physical spot inspection were manipulated or prepared in a mala fide manner, nor is there any averment made in the appeal that departmental action was initiated against the then Tehsildar for having prepared incorrect reports of the spot inspection – Given the said position, there is no reason to discard the two Inspection reports prepared by the Tehsildar that form a part of the record – Both the said reports have stated in clear terms that there is no natural water body on the subject land and the ‘Gair-Mumkin Johad’ falling under the proposed mining lease area does not fall within the water logging area or the catchment area – Therefore, the appellant-State Government directed to take necessary steps to process the allotment of the subject land in favour of the respondent-company. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2022 INSC 871 |
Petitioner | The State Of Rajasthan And Another |
Respondent | Ultratech Cement Ltd |
SCR | [2022] 13 S.C.R. 1 |
Judgement Date | 2022-08-26 |
Case Number | 5841 |
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