- (1.) THIS petition has been filed challenging the order dated 31-3-2010, passed by the Authorised Officer, Municipal Council Tijara, District Alwar, allowing conversion of land in the Khatedari of Smt.Rajbala w/o Jagram, under Section 90-B of the Rajasthan Land Revenue Act,1956 and its conversion for industrial purpose, more specifically for the purpose of setting up of a crusher thereon. Heard learned counsel for the petitioner, and perused the material available on record of the writ petition.
(2.) AT the outset, I find that the writ petition is not maintainable for the reason that Smt.Rajbala w/o Jagram, the beneficiary of order dated 31-3-2010 has not been impleaded as party to the writ petition. Further, in any event of the matter, the order dated 31-3-2010 passed by the Authorised Officer, Municipal Council Tijara, District Alwar pertains to parcel of land in the owner ship of Smt.Rajbala w/o Jagram, and the petitioner cannot have any grievance with regard to the order dated 31-3-2010 passed under Section 90-B of the Rajasthan Land Revenue Act as he has no interest in the said land on his own admission in the petition. The petitioner however submits that operation of Crusher on the land, converted in terms of order dated 31-3-2010 by the Authorised Officer, Municipal Council Tijara, District Alwar would have a debilitating affect on the crop of petitioner on his khatedari land which is adjacent to the converted land of Smt.Rajbala. It is further submitted that otherwise also the operation of crusher would cause high degree of pollution in the area, owing to which it would be impossible for the petitioner and other residents of the area to live a healthy life. The say of the petitioner with regard to the alleged ill effects of the crusher being put into operation on the converted land however cannot be a cause of action and a good ground to challenge the order dated 31-3-2010 as the said Rajbala if denied permission required in law to operate and run a crusher on the converted land in issue can undertake other permissible activities thereon and even seek a modification on the permitted use. If the petitioner is aggrieved at any point of time of use of crusher on the land of Smt.Rajbala, which is a subject matter of the order dated 31-3-2010, the petitioner can make a representation to the competent authority in the Government of Rajasthan and can seek relief against the operation of the crusher in terms of the order dated 16-1-2012 passed by Hon'ble Supreme Court of India in case of Deepak Kumar etc. Vs. State of Haryana Ors. [I.A.No.12-13, 14-15, 16-17 18-19 in SLP (C) Nos.19628-19629/2009]. Consequently, I am not inclined to interfere in the order dated 31-3-2010, passed by Authorised Officer, Municipal Council Tijara, District Alwar, but it is open to petitioner to make a proper representation before the competent authority of the Government of Rajasthan with regard to his grievance of the running of crusher in the vicinity of his agricultural field. In the event such a representation is made it shall be decided by the competent authority in terms of the aforesaid order dated 16-1-2012 passed by the Hon'ble Supreme Court by a reasoned and speaking order within a period of two weeks from the receipt of the representation. The writ petition stands disposed of accordingly. Stay application stands dismissed. ;