In a significant legal development, the Rajasthan High Court has annulled the allotment of public land to a private developer for the establishment of a solar park, citing violations of the Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974. The court's decision underscores the importance of adhering to statutory procedures and ensuring that land disposals align with urban planning objectives and environmental considerations.
The case pertains to the allocation of 581.56 acres of land near Pokhran in Jaisalmer to Adani Renewable Energy Park Rajasthan Limited (AREPRL) for the development of a solar park. The allotment was challenged by local villagers who contended that the land in question was cultivable and not barren, as claimed by the authorities. They further argued that the land was designated for public utility purposes and should not have been diverted for private use without proper authorization and adherence to legal procedures.
The Rajasthan High Court, upon reviewing the case, found that the land allotment process did not comply with the mandatory provisions of the Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974. These rules stipulate that before any allotment or sale of land is made by the Board outside the sanctioned scheme, the Chief Town Planner or an authorized nominee must be consulted to ensure that the land is in conformity with the master plan for the area. In the absence of a master plan, the allotment must fit within the overall development plan for the area .
The court observed that the necessary consultations and assessments were not conducted in this case, leading to the conclusion that the allotment was made in contravention of the prescribed legal framework. Consequently, the court annulled the land allotment and directed the state government to review the allocation process and ensure compliance with the relevant rules and regulations.
This ruling highlights the judiciary's role in upholding urban planning norms and protecting public interest in land disposals. It serves as a reminder to authorities and developers about the necessity of following established procedures and obtaining requisite approvals before undertaking land transactions, especially when such transactions involve public utility land.
The decision also raises pertinent questions about the balance between promoting renewable energy initiatives and safeguarding agricultural and public utility lands. While the development of solar parks is crucial for advancing sustainable energy goals, it is equally important to ensure that such projects do not encroach upon cultivable lands or compromise the availability of land designated for public services.
In light of this judgment, it is anticipated that the state government will undertake a comprehensive review of its land allotment processes to prevent similar issues in the future. Additionally, there may be increased scrutiny of land use designations and a more rigorous application of urban planning rules to ensure that land resources are utilized in a manner that aligns with broader developmental objectives and public welfare.
This case underscores the significance of transparency, accountability, and adherence to legal procedures in land allotment processes. It reinforces the principle that land designated for public utility purposes should be protected from arbitrary disposals and should only be diverted for alternative uses when there is a clear and justifiable need, supported by thorough assessments and compliance with statutory requirements.
In conclusion, the Rajasthan High Court's decision to cancel the land allotment for the solar park serves as a critical reminder of the importance of following established legal frameworks in land disposals. It emphasizes the need for careful consideration of urban planning objectives, environmental impacts, and public interests in all land transactions, particularly those involving public utility lands.
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