R.M. Lodha, J. - (1.) THE three villagers residing in Village Maujpur, Tehsil Mahua, District Dausa have filed this writ petition in the nature of Public Interest Litigation. According to them the interest of general public of Village Maujpur has been seriously affected by the allotment of two hectares of land to the Indian Oil Corporation out of 'Charagah land' bearing Khasra No. 222 ad -measuring 6.13 hectares situate at Village Maujpur.
(2.) SECTION 5(28) of the Rajasthan Tenancy Act, 1955 (for short, 'Act of 1955') defines "pasture land" to mean land used for the grazing of the cattle of a village or villages or recorded in settlement records as such at the commencement of that Act or thereafter reserved as such in accordance with the rules framed by the State Government. In exercise of the powers conferred by Section 257 of the Act of 1955, the State Government made the Rules called Rajasthan Tenancy (Government) Rules, 1955 (for short, 'Rules of 1955'). Chapter II thereof is to give effect to the provisions of Section 5(28) of the Act of 1955. R.7 therein reads thus: 7. Allotment or setting apart of Pasture Land. - - (1)The Collector may, in consultation with the Panchayat, change the classification of any pasture land, as defined in Sub -section (28) of Section 5 of the Act or any pasture land set apart under Section 92 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act of 1956), as unoccupied culturable Government land (Sawai Chak), for allotment for agricultural or any non -agricultural purposes: Provided that in case where the area of the land sought to be so allotted or set apart exceeds 4 hectares, the Collector shall obtain prior permission of the State Government: Provided also that any such land, falling within the boundary limits of the Jaipur Region as defined in the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982) or within the periphery of 2 kms. Of a municipality, shall not be allotted except for the purpose of a public utility institution or for expansion of abadi. (2) Where classification of any pasture land is changed under subrule (1), the Collector may set -apart an equal area of unoccupied culturable Government land, if available as pasture land in the same village.
(3.) THE State Government also made the Rules entitled 'The Rajasthan Land Revenue (allotment, conversion and regularisation of agricultural land for constructions of cinemas and establishment of petrol pump or medical facilities) Rules, 1978' (for short, 'Rules of 1978'). R.5 of the Rules of 1978 provides for classes of land that may be allotted for the constructions of cinemas or establishment of petrol pump. It reads thus:;