[2025:RJ-JP:39477-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition (PIL) No. 14705/2015 1. Ramkaran Son Of Late Shri Nandram Sharma, By Caste Brahmin, Village Bhambhoria, Tehsil Sanganer, District, Jaipur Rajasthan. Mobile No. 9314639959. 2. Ramrai Sharma S/o Late Shri Sunderlal Sharma, By Caste Brahmin, Village Bhambhoria, Tehsil Sanganer, District Jaipur Rajasthan, Mob. No. 9352237841. ----Petitioners Versus 1. State Of Rajasthan Through The Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur. Fax / Phone 0141-2227114, 2227254. 2. Principal Secretary To Government, Revenue Gr. Vii Department, Government Of Rajasthan, Government Secretariat, Jaipur. Fax / Phone 0141-2227711, 2227811. 3. 4. 5. The Secretary, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur. Mobile/fax 0141-2227915, 2227635 Secretary, Jaipur Development Authority, Indira Circle, JLN Marg, Jaipur (Rajasthan). Chairman & Managing Director, Rajasthan State Industrial Investment & Development Corporation Ltd., Udyog Bhawan, Tilak Marg, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Saransh Saini, Advocate. For Respondent(s) : Mr. Guru Charan Singh Gill, Additional Advocate General. Mr. Jai Lodha, Advocate. Mr. Amit Kuri, Advocate assisted by Mr. Dharma Ram and Nandini Mirdha, Advocates. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 24/09/2025 1. This public interest litigation petition has been filed on behalf of the petitioners being aggrieved of the order dated 14.05.2014 passed by the State Government. [2025:RJ-JP:39477-DB] (2 of 4) [CW-14705/2015] 2. In the first round of litigation one Smt. Chandra Kanta Bunkar has filed D. B. Civil Writ Petition No.1915/13 with regard to acquiring the gochar land by the respondents and not providing the same land at any other place. The said writ petition was disposed of vide order dated 30.10.2013 directing the State- respondents to look into it and pass a reasoned order. After consideration of the matter by the respondents, the, Principal Secretary, Revenue Department, State of Rajasthan passed the order dated 14.05.2014 whereby the representation filed by the writ petitioner namely Chandra Kanta Bunkar was dismissed. Thereafter, the petitioners filed the present public interest litigation stating therein that earlier a writ petition was filed by the Sarpanch of Gram Panchayat whereas the petitioners are the villagers of the said Gram Panchayat. Counsel for the petitioners submits that the respondents while acquiring the chargah land did not set apart an equal land for the cattle of the village. Counsel further submits that the representation has wrongly been dismissed invoking Section 54 of the Jaipur Development Authority Act, 1982 (hereinafter be referred to as the “Act of 1982”). 3. Counsel relied upon the judgment passed in the matter of “Jagpal Singh & Ors. versus State of Punjab & Ors.”, (2011) 11 SCC 396. 4. Counsels for the respondents opposed the submissions made by the counsel for the petitioners and submit that all the lands which come in the Jaipur region in view of Clause 2(8) of the Act of 1982, the category of such land automatically becomes changed and the same comes under the category of ‘urban land’. [2025:RJ-JP:39477-DB] (3 of 4) [CW-14705/2015] Counsels further submit that in view of Section 54 of the Act of 1982, the JDA is free to use the land for public purposes. Counsels further submit that the land-in-dispute was acquired in the years 2006 and 2008, and thereafter, the State Government used the land-in-dispute for the public purpose namely Special Economic Zone and RIICO has allotted various lands including the land-in- dispute for the said purposes. Counsels further submit that the petitioners are estopped to file public interest litigation petition as at an earlier time, another person has already filed a public interest litigation petition before this Court. Counsels further submit that at present educational institutions, various industries etc. and other activities are going on over the land-in-dispute since the land was allotted by the RIICO for public purposes. Counsels further submit that the land-in-dispute is already given by the Jaipur Development Authority to the RIICO and RIICO has further allotted the same to the leaseholder namely Mahindra World City. 5. We have heard counsels for the parties and perused the record. 6. This public interest litigation petition filed on behalf of the petitioners deserves to be dismissed for the reasons; firstly, the land-in-dispute was allotted by the respondents for public purposes for setting up the Special Economic Zone namely Mahindra World City; secondly, the judgment passed by the Hon’ble Supreme Court in the matter of ‘Jagpal Singh & Ors.’ (supra) is not helpful to the petitioners as the land-in-dispute is being used for public purposes; thirdly, the petitioners have not impleaded the affected persons as party-respondents in this public [2025:RJ-JP:39477-DB] (4 of 4) [CW-14705/2015] interest litigation petition; fourthly, the land-in-dispute was acquired in the year 2008 and this public interest litigation petition was filed in the year 2015 after a delay of seven years; lastly, in view of Section 54 of the Act of 1982, the Jaipur Development Authority is competent to allot the land for establishing the special economic zone as the nature of the land is of ‘urban land’ in view of Section 2(8) of the Act of 1982. 7. In that view of the matter, this public interest litigation petition stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J Tushar\112