HC stays order on transfer of state land
JODHPUR, Aug. 8 -- The Rajasthan high court has stayed the operation of the government order that envisaged transferring various categories of government land recorded in the name of the state to urban local bodies, Urban Improvement Trusts (UITs) and development authorities, and treating such land as Gair Mumkin Abadi.
Observing that implementation of the order could create further complications, the Court said the matter required detailed examination and granted an interim stay.
The interim order was passed by a division bench comprising acting chief justice Sanjeev Prakash Sharma and justice Sanjeet Purohit while hearing a public interest litigation filed by Vanya Jeev Jantu Sevarth Foundation.
The bench issued notices to the State Government and fixed September 2, 2026, as the next date of hearing. It also clarified that the Additional Advocate General would be at liberty to seek vacation or modification of the interim stay.
In its order, the Court noted that the government notification dated April 17, 2025, prima facie appeared to envisage taking over all categories of land standing in the name of the State and transferring them to municipal councils to be treated as Gair Mumkin Abadi.
The bench observed that allowing the order to remain in force at this stage could lead to further complications and, therefore, stayed its effect and operation until the next hearing.
According to the PIL, the impugned government order has the potential to alter the legal status of several categories of public land, including grazing land and other community-use land by bringing them under the category of Gair Mumkin Abadi.
The petitioner has contended that such a change could adversely affect the protection available to these lands and expose them to encroachment or diversion for purposes inconsistent with their original character....
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