Panchayat Consent Not Mandatory for Diverting Gochar Land Under Rule 7: Rajasthan High Court Upholds PGCIL Allotment

Residents of Gram Panchayat Kan Singh Ki Sid in Tehsil Bap, Jodhpur, challenged the District Collector's order of 28.08.2019, which directed declassification of 451 bighas of Gochar land in Khasra No. 240 and recommended its allotment to PGCIL for a 765/400/220 KV grid sub-station on payment of Rs. 5,19,51,324; 451 bighas of Khasra No. 491 were set apart to compensate (paras 1, 3). They argued that the Gram Panchayat never gave the consent Rule 7 requires and that the replacement land, categorised as ‘Gair Mumkin Magri’, would not serve as grazing land (para 3). The State relied on a consent letter of 02.05.2019 signed by the Sarpanch and Gram Sevak; the Gram Panchayat called it forged (paras 4, 6).

The allotment was made to PGCIL at market value for a grid sub-station, a project of national importance, so any imputation of oblique motive was unacceptable (para 11). The village has 14249-11 bighas of Gochar land and only about 3.16% was allotted; with 1800 cattle, the rough scale of half a bigha per head in Rule 6 needs only 900 bighas, so the remaining pasture is 15 times the requirement (para 11). Transmitting solar power from Bap Tehsil is a pious purpose, as every effort to cut greenhouse gas emissions must be encouraged (para 11). The Gram Panchayat's reply did not deny that the Sarpanch and Gram Sevak signed the no-objection letter, and the authorities had no reason to forge it as consent is not mandatory under the Division Bench ruling in Gulab Chand (para 11). Pakur Jagran Manch was distinguished because it dealt with a different set of rules (para 12). Rule 7 empowers the Collector to declassify pasture land; as the area exceeded 4 hectares, State approval was sought, and the State's order of 12.07.2019 approved the declassification and set apart equal land from Khasra No. 491, so the Rules were satisfied (paras 12, 13).