NATIONAL INSTITUTE OF MEDICAL SCIENCE UNIVERSITY RAJASTHAN & ANR. versus STATE OF RAJASTHAN & ORS.

Citation: [2017] 13 S.C.R. 141 · Decided: 09-11-2017 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Dismissed

cites 1 · see the full citation network in Lexace

Judgment (excerpt)

[2017] 13S.C.R.141 
NATIONAL INSTITUTE OF MEDICAL SCIENCE 
A 
UNIVERSITY RAJASTHAN & ANR. 
v. 
STATE OF RAJASTHAN & ORS. 
(Special Leave to Appeal (Civil) Nos. 38040-38041 of2012) 
NOVEMBER 09,2017 
B 
[MADAN 8. LOKUR AND DEEPAK GUPTA, JJ.] 
Environment - Catchment areas of Dam - Protection and 
preservation of - Ramgarh Dam (near Jaipur) in the State of 
Rajasthan - Illegal encroachment in the catchment areas of the 
C 
Dam by appellant-University resulting in drying up of the Dam and 
consequent problem of scarcity of water in respondent-State -
Several representations made by appellant for allotment of the land 
"in question, Khasra No.526 (in Jaipur District) in its favour. not 
replied to by any of the authorities - Appellant made massive D 
construction on Khasra No.526 - Eventually, writ petition filed by 
appellant in High Court for directions to be issued for allotment of 
Khasra No.526 for its University - Appellant was also issued notice 
u/s.72 of the 1982 Act w.r.t. encroachments on Khasra No.526 -
Appeal there against by appellant before Appellate Tribunal, Jaipur 
Development Authority, dismissed- Writ petition by appellant against 
E 
this order as well - Both writ petitions dismissed by Single Judge of 
High Court - Order upheld by Division Bench of High Court - On 
appeal, held: Appellant has not been able to show any perversity in 
the orders passed either by Appellate Tribunal or by Single Judge 
or by Division Bench - Even if there was no response to the 
F 
representations made by appellant from any of the authority. it had 
no right to assume that its request for allotment had been accepted 
(or not rejected) and on that assumption make constructions on the 
land in question without any permission or sanction - Due to the 
illegal and unlawful construction made in the area by several parties 
including appellant, Ramgarh Lake is absolutely dry and the 
G 
residents of Jaipur city are suffering from water shortage as water 
from this region was being supplied to Jaipur city before the area 
dried up - Costs of Rs. l 0 lakhs per petition imposed for the brazen 
encroachment - Merely dismissing the petitions would serve no 
useful purpose, hence, demolition of the unauthorized construction 
H 
141 
142 
SUPREME COURT REPORTS 
[2017] 13 S.C.R. 
A 
by or on behalf of appellant on Khasra No. 526 also directed. at 
the expense of appellant - Jaipur Development Authority Act. 1982 
- s.54 - Rajasthan Tenancy Act, 1955 - s.16 - Rajasthan Land 
Revenue (Allotment of Unoccupied Government Agricultural Land~ 
for the Construction of Schools, Colleges, Dispensaries, 
B Dharamshalas and Other Buildings of Public Utility) Rules. 1963 -
Rqjasthan lmprol/ement Trust (Disposal of Urban Land) Rules. 1974 
- Constitution o/ India - Art. 21. 
Dismissing the Petitions, the Court 
HELD: 1.1 Appellant-University, NIMS had not been able 
c to show any perversity, on facts, in the orders passed by the 
Appellate Tribunal or by the Single Judge or by the Division Bench 
of the High Court. [Para 31] (151-F-G] 
1.2 One of the factual conclusions arrived at by the High 
Court is that NIMS had made a request for allotment of Khasra 
0 
No. 526 for the first time only on 28 .. February 2005 and that too 
before the Chief Minister who was not the competent authority 
to make the allotment - the competent authority being the 
Collector of Jaipur district. Assuming there was no response from 
the Chief Minister to that or any other representation made by 
NIMS to any authority Including the Jaipur Development 
E 
Authority for allotment of Khasra No. 526, NIMS had no right to 
assume that its request for allotment had been accepted (or not 
rejected) by the Chief Minister or the Jaipur Development 
Authority and on that assumption to make constructions on the 
land without any permission or sanction. (Paras 32, 34] 
F 
[151-G, H; 152-8] 
1.3 It has also come on record as a matter of fact that NIMS 
had encroached upon 8125 sq. mtrs. in Khasra No. 526. It has 
also come on record that in fact NIMS had not filed any objections 
to the Report dated 11 '" September 2012 before the Appellate 
G Tribunal. As a matter of fact due to the illegal and unlawful 
construction having been made in the area by several parties 
including NIMS, Ramgarh Lake is now absolutely dry and the 
residents of Jaipur city are suffering from water shortage because 
of this- since water from the region was being supplied to Jaipur 
city before the area drie

Excerpt shown. Read the full judgment & AI analysis in Lexace.