FACTS

The land in question even prior to the independence of the country was given by the erstwhile ruler of Bharatpur State to Seth Raghunath Prasad and since then the land changed several hands and was put to industrial use first under the name and style of Bharat Oil Mills Pvt. Ltd.

Since the aforesaid Oil Mill had to change its name on account of the pre-existing company being run in the name of Bharat Oil Mills, it decided to change its name as Bharatpur Oil Mills. Thereafter Bharatpur Oil Mills went into liquidation and under the auction sale was purchased by Rajasthan Udyog Limited after the amount was so deposited. The Official Liquidator under the orders of the Hon’ble High Court handed over the plant and the machinery to M/s. Rajasthan Udyog Ltd. During this period, the Collector, Bharatpur had set apart the aforesaid land for industrial use in accordance with the provisions of the Rajasthan Land Acquisition Act, 1956.

It appears that subsequently this land along with other portions of the land was converted by the State of Rajasthan under Section 4 of the Land Acquisition Act for public purpose which inter-alia was for the development of the industrial area, Bharatpur.

ISSUE

Whether there was any non-observance of the provisions of Forest Act, 1980 in relation to the land situated in Bharatpur which has been put to industrial use?

PETITIONER’S CONTENTION

The Petitioner have contended that the land bearing Khasra No. 1134 to 1137, 1141 and 1142 and two Khasra No. 935 to 1006 of Bharatpur is a forest land and is registered in land revenue records. It’s being alleged that without following the procedure and contrary to the provisions of Section 2 of the Forest Act, 1980, the forest land has been put to industrial use.

It has also been submitted that with the coming into force of the Forest Act, 1980, it was incumbent upon the State to have referred the matter to the Central Government as the Central Government alone was competent to allow forest land to be put for any non-forest us

DEFENDANT’S CONTENTION

The defendants have contended and replied to the petitioner’s contention that the land had been set apart for industrial use under the provisions of the Rajasthan Land Revenue Act, 1956 and Notification to that effect had been issued. It has further been stated that on the constitution of the Rajasthan State Industrial and Investment Corporation Ltd. it was assigned with the task of acting as a catalyst and developer of industrial activity in the State of Rajasthan. It was further stated by the Respondent that much prior to the coming into force of the Forest Act, 1980, the land had been set apart for industrial development and setting up of industries in and around the city of Bharatpur and handed over to the RIICO; as such the provisions of the Forest Act, 1980 have no application to the present case.

JUDGEMENT

From the facts it’s clear that the land was given by the ruler for industrial use and since then it has changed various hands however, some portion has been set apart for industrial use.

The court referred to the submission of the learned counsel for the Applicant that altering the use of the land from that of forest to industrial use post coming into force of the Forest Act, 1980 was impermissible and the State Government or its functionaries could not have done so without prior approval of the Central Government in the facts and circumstances of this case, has no relevance.

Since the orders for altering the land use and setting it apart for industrial use has been passed as way back as in 1961 even though portion of the land has already been given for industrial use even prior to independence cannot be lost sight of. The issuance of the notification after coming into force of the Land Revenue Act, 1956 on 12th August, 1961 was enough in the circumstances of this case for changing the land use from forest to industrial and all that has been done post passing of the order of Collector with the ministerial act of carrying out the entries in consequence of the order dated 12th August, 1961.

The court came to the conclusion that the provisions of the Forest Act, 1980 would not apply in this case and no exception can be taken to the orders passed in this behalf by the Collector in the year 1961 and the consequential ministerial act of not carrying out those orders in the records of the right after the order of 1994.

CONCLUSION

If the Applicant has any grievance with regard to any specific cases of violation of the environmental laws, rules, regulations or notifications by any specific industry in the industrial are at Bharatpur, he can approach the concerned authorities or raise the same before this Tribunal.