In a significant decision, the Rajasthan High Court set aside the allotment of land meant for a school that was illegally diverted for hostel construction by the State. The Court observed that the land was allotted to Porwal Jain Samaj at just 5% of the sanctioned reserve price, against the legally mandated 50% under Rule 18 of the Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974.
Justice Anoop Kumar Dhand, presiding over the case, strongly criticized the State's actions, calling them “illegal and unjustified”. The Court noted that the land was clearly reserved for a school, yet it was given to a society for building a hostel without valid legal reasoning or public interest justification.
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“It appears that there were certain hidden extraneous considerations behind the entire action of the State for allotment of land in favour of the respondent,” the Court remarked, indicating possible misuse of discretionary powers.
The petitioner, Hari Narayan Sharma, representing the Sanadhya Gaur Brahmin Samaj, had initially applied for the same land in 1985 to construct an educational institution and a temple. While his application was rejected citing that the land was reserved for a school, the same land was later handed over to Porwal Jain Samaj for hostel construction.
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The Court further observed that Rule 31, which allows relaxation of rules under exceptional circumstances, was wrongly invoked by the State. The judgment made it clear that no exceptional justification was shown for reducing the price or diverting the land’s purpose.
“The impugned allotment order dated 25.06.2003 per se reveals that it is ex-facie illegal and contrary to Rule 18 of the Rules of 1974,” the Court ruled.
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The Court also dismissed the argument that the petitioner lacked standing to file the case, affirming his role as president of the petitioner society.
Importantly, the Court referred to the earlier case of Jhulelal Charitable and Educational Trust v. State of Rajasthan, where a similar allotment at 25% of the reserve price was declared illegal. That precedent reinforced the principle that lands reserved for public and charitable use must be allotted at no less than 50% of the reserve price, and only to eligible institutions.
In conclusion, the High Court quashed the allotment, allowing both parties—Sanadhya Gaur Brahmin Samaj and Porwal Jain Samaj—to apply afresh for land allotment. The State has been directed to evaluate future applications strictly as per the law.
“The respondent-State has failed to satisfy this Court as to why the land, which was reserved for a school, has been allotted to the respondent for a hostel at such a low price,” the Court concluded.
Title: Hari Narayan Sharma v State of Rajasthan & Ors.
