Monday, August 1, 2011
Govt. Responds: Rajasthan: Allotment and regularization of charagah land/ catchments of a pond/ water reservoirs and ponds for private or commercial use to be immediately stopped
The scanned copy of the original letter is attached below. This is a freehand translation of the same.
Government of Rajasthan
Revenue (Group – 6) Department
Jaipur, Date 25/04/2011
District Collectors (all)
With reference to honorable Supreme Court’s Civil Appeal No. 1132/2011@SLP (C) No. 3109/2011, the case of Jagpal Singh and others v/s Punjab State and others, and with regards to the supreme court decision dated – 28-01-2011, declaring allotment of charagah land/ catchments of a pond/ water reservoirs and ponds for private or commercial purposes as illegal.
The Rajasthan Tenancy (Government) Rules, 1955, Rule 7, provisions power/authority to the District Collector to change the classification of pasture land or pasture land set apart under Section 92, Rajasthan Land Revenue Act, 1956, up to 4 ha with the prior consultation with the Gram Panchayat for agricultural or any non-agricultural purposes.
With reference to the honorable Supreme Court’s decision date – 28-01-2011, the State Government has decided that allotment and regularization of charagah land/ catchments of a pond/ water reservoirs and ponds for private or commercial use will be immediately stopped.
Therefore as per the directives, all orders /directions issued in the past, in relation issuing of no obligation certificate for allotment, regularization, mining and other purposes, of charagah land stands withheld and the allotment and regularization of charagah land for private or commercial purposes to be immediately stopped till the further orders. If the chargah land allotment is essential for public interest and common purposes then the District Collector stating the reason and his recommendation may send the proposal to the state. Based on the permission from the State Government the allotment / regularization of such lands can be done.
Dy Sec (Revenue)