NIRMALJIT KAUR,J. - (1.) Both the aforesaid writ petitions shall stand decided by this common order as the issue involved therein is identical.
(2.) The prayer in the Writ Petition No. 1312/2014 is for quashing of the decision taken in the minutes of the meeting dated 23.01.2014 with a further prayer to direct the respondents not to cancel the allotment of land in question made in favour of the petitioner vide Order dated 25.01.2012 with all consequential directions and the prayer in the Writ Petition No. 10166/2013 is for issuance of a direction to the respondent to execute the lease deed of the land in question allotted to the petitioner after giving effect to the orders passed by the High Court dated 09.05.2012 and also to handover possession of the land so covered by the lease deed with a further prayer to facilitate the setting up of the cement plant pursuant to the order of allotment of land with all consequential directions.
(3.) The petitioner applied for registration before the Ministry of Commerce and Industries on 17.02.2009 for setting up of a Cement Manufacturing Plant in the form of clinkers with proposed capacity of 1371000 metric ton. The petitioner prepared its project report for setting up of the Unit in December, 2009. In order to set up the cement plant, the petitioner purchased land measuring 53 bighas and 18 biswas situated at Village Ghodawat, Gram Panchayat Khawaspura, Tehsil Bhopalgarh, District Jodhpur in Khasra No. 343/12, 343/11, 343/10, 341, 340/1 and 340 from the private persons after negotiations. After purchasing the said land, the petitioner moved an application under the Rajasthan Land Revenue (Conversion of Agriculture Land for Non-agriculture Purposes) Rules, 2007 and the same was converted vide Order dated 18.02.2009. Some more land was purchased by the petitioner in the said village vide registered sale-deed. Thereafter, the petitioner moved an application for environment clearance before the Rajasthan Pollution Control Board. In pursuance to the said application, public notice was issued in the newspapers, namely, 'Hindustan Times' as well as 'Dainik Bhaskar' on 12.02.2009 for public hearing. The respondent authorities conducted the public hearing on 13.10.2009 in which as many as 92 persons participated. The minutes of the public hearing were drawn by the Regional Officer, Rajasthan State Pollution Control Board, Jodhpur and the same was forwarded to the Member Secretary, Rajasthan Pollution Control Board, Jodhpur on 28.01.2010. The Ministry of Environment and Forest granted environment clearance to the petitioner vide its Communication dated 27.07.2010. After complying with all the requirements for allotment of land, an application dated 31.05.2010 under the Rajasthan Land Revenue (Industrial Area Allotment) Rules, 1959 (for short 'Rules of 1959' hereinafter) was filed by the petitioner before the District Collector, Jodhpur for allotment of land measuring 167 acres in Khasra No. 343 of Village Ghodawat, Tehsil Bhopalgarh, District Jodhpur. The said application was processed by the Collector who sought the report from the Tehsildar, Bhopalgarh in the prescribed form vide its Communication dated 06.06.2010. A copy of the same was also sent to the Pollution Control Board and the Deputy Director (Industries), Jodhpur seeking no objection for allotment of the land to the petitioner. In response to the said communication dated 06.06.2010, the Tehsildar, Bhopalgarh submitted its report to the Collector, Jodhpur vide communication dated 12.08.2010. The Gram Panchayat Khawaspura, Panchayat Samiti Bhopalgarh, District Jodhpur also issued No Objection Certificate vide communication dated 20.11.2010 after proposal having been passed in the meeting of the Gram Panchayat held on 05.11.2010. The District industries Department too issued No Objection Certificate on 20.08.2010. Although, the petitioner had moved an application for allotment of 167.4 acres land but the Gram Panchayat granted No Objection for 151.4 acres land which is evident from the Communication dated 20.11.2010. After completion of the above formalities, the Collector, Jodhpur sought permission from the State Government for allotment of land to the petitioner vide its Letter dated 10.01.2011. The State Government sough recommendation of the Collector vide their Letter dated 17.02.2011, in pursuance to which, the Collector, Jodhpur once again conducted an enquiry and only thereafter, recommended the allotment of land in favour of the petitioner being fully satisfied. The State Government again sought clarifications from the Collector, Jodhpur vide their Communication dated 04.07.2011. The requisite information as required was submitted by the Collector on 11.08.2011. The State Government finally granted permission on 30.08.2011 for setting apart the land measuring 151.4 acres situated in Khasra No. 343 of Village Ghodawat, Tehsil Bhopalgarh in favour of the petitioner in terms of Section 92 of the Rajasthan Land Revenue Act, 1956 vide Annexure-16. In pursuance to the permission of the State Government dated 30.08.2011, the Collector, Jodhpur vide its Order dated 19.09.2011 earmarked the land in question in favour of the petitioner for establishing the cement plant, so much so, even the revenue entry was made in the Jamabandi in the name of the petitioner on 24.10.2011. An order of allotment of land measuring 151.4 acres for industrial purpose was issued on 25.01.2012. Meanwhile, two persons, namely, Pradeep Singh and Ganpat Ram filed writ petitions bearing S.B. Civil Writ Petition Nos. 542/2012 and 1567/2012, respectively, before the High Court challenging inter alia sanction order dated 30.08.2011 and order of setting apart the land dated 19.09.2011 in Writ Petition No. 542/2012 and sanction order dated 30.08.2011, order of setting apart the land dated 19.09.2011, allotment order dated 25.01.2012 and the revenue entries dated 05.01.2012 in Writ Petition No. 1567/2012, on the ground that part of the land allotted to the petitioner was included in the applications moved by the writ petitioners in that case for grant of mining lease. The High Court passed ex-parte interim orders on 10.02.2012 and 24.02.2012 in favour of the petitioners in the said writ petitions. The petitioner herein moved an application for vacation of ex-parte interim orders, upon which, the High Court modified the interim orders dated 10.02.2012 and 24.02.2012 on 09.05.2012 observing that the interim orders passed by the Court shall not preclude the State Government from taking the consequential action in pursuance to the allotment order issued in favour of the petitioner after excluding the land covered by the applications moved by the petitioners in the Writ Petition Nos. 542/2012 and 1567/2012. Thereafter, the Collector, Jodhpur sought opinion from the Additional Advocate General vide its Communication dated 21.06.2012 and also sought factual report from the Tehsildar, Bhopalgarh. The Tehsildar recommended for the allotment and the Additional Advocate General gave his opinion to the Collector, Jodhpur that he may proceed for taking consequential action pursuant to the allotment order in terms of the Order dated 09.05.2012 passed by the High Court. Despite the positive opinion given by the respective authorities and repeated efforts made by the petitioner, the Collector, Jodhpur did not take further steps in pursuance to the order passed by the State Government in favour of the petitioner for executing lease deed of the land in question which was set apart and allotted in favour of the petitioner. When nothing was done, the petitioner preferred the writ petition before the High Court bearing S.B. Civil Writ Petition No. 10166/2013 in which notices were issued to the respondents on 26.08.2013. In response to the notice, the respondents their filed reply to the writ petition on 28.10.2013. The above mentioned matter was argued for some time and thereafter, the counsel appearing for the State in that case gave an undertaking for execution of the lease deed keeping in view the Order dated 09.05.2012 passed by the High Court in S.B. Civil Writ Petition Nos. 542/2012 and 1567/2012 on 09.11.2013. After recording such an undertaking, the Court fixed the matter after six weeks. Despite the undertaking given by the counsel for the respondents in that case, the respondents did not execute the lease deed within the stipulated period of six weeks. However, on 10.02.2014, the respondents moved an application for modification/recalling of the Order dated 09.11.2013 on the purported ground that the officer-in-charge of the case viz. Tehsildar, Pipar City did not give any written undertaking to the counsel appearing for them. In this application, a reference was made to the minutes dated 23.01.2014 of the meeting held on 20.01.2014. Hence, the present writ petition was filed for setting aside impugned decision taken in the minutes of the meeting dated 23.01.2014.;