By Dr Yash Goyal

JAIPUR (TIP): In a serious setback to the ambitious solar energy planning of the state government, Rajasthan High Court has cancelled the allotment of land measuring 1452.13 Bigha made in favour of the Adani Renewable Energy Park Rajasthan Limited (AREPRL) in village Nedan in Pokhran on the reasons that it is the ‘public utilities’ land of farmers and villagers.

On a joint petition of 23 Khatedar Tenants led by one Barkat Khan of village Nedan, a Division Bench of High Court justiceRameshwar Vyas and Justice Sangeet Lodha (rpt Sangeet) have cancelled forthwith the possession of 1452.13 bigha land by respondent-AREPRL whereof it has not been handed over the Adani firm.

In its 56 pages judgement made on June 29, HC has asked the state government that it shall conduct survey of the lands allotted to the respondent companies in all the three villages and if any part of the land allotted is found covered by public utilities, the allotment of the land to that extent shall also be cancelled.

HC further ordered that the allotment of the land surrounding the lands of the petitioners, other Khatedar Tenants and the land of public utilities made in favour of the respondent-ESUCRL (Essel Surya Urja Company of Rajasthan Ltd) in village Nagnechinagar and Ugras, and in favour of AREPRL in village- Nedan shall also be reviewed by the state government so as to ensure that on account of allotment made in favour of the respondent companies, ESUCRL and AREPRL the rights of the Khatedar Tenants and the inhabitants of the aforesaid villages to the beneficial use and enjoyment of their properties and public utilities are not infringed or adversely affected.

HC categorically asked the state government that the entire exercise pursuant to thisorder shall be completed by the State Government within a periodof six weeks from the date of receipt of certified copy of this order.

In 2018, the then District Magistrate of Jaisalmer in Rajasthan has allotted a total of 6115.06 Bighas of land in Nedan village for setting up of a power plant (1500 MW), and of which the HC has now cancelled part of the land (1452 bigha) in the very village.

Villagers ran from pillar to post against allotment of 3 land casessince 2018

 Entire legal matter deals in the allotment of three land cases:  one belongs to Adani’s AREPRL at Nedan in Jaisalmer district, and two to Essel’s ESUCRL in Jodhpur district. Villagers have run from pillar to post against the allotment of their lands for which they are called Kahatedar Tenants and Cultivator for 40-45 years.

Villagers contended that they are entitle for regularisation of their old possession. They also stressed that their families residing in their Dhani constructed in village Nedan, and their exists schools, temple, water tank, pond, Oran land etc, but while allocating the land this fact was ignored.

Petitioners had challenged the legality of order dated 11-1-2018 issued by the Jaisalmer district collector allotting the land measuring 6115.06 bighas of revenue village Nedan in favour of AREPRL for installation of 1500 MW Solar Park.

Similarly in second case, Khatedar Tenants and cultivators for 40-45 years of agriculture land comprising various ‘Khasras of village Nagnechinagar in Jodhpur district assailed the legality of order of Jodhpur Collector on 23-3-2018 allotting the lands measuring 70.08 bighas in favour of ESUCRL for establishing Solar Park.

In third land allotment case too, Khatedar tenants challenged legality in the allotment of 2045.11 Bighas in revenue village Ugras by Jodhpur collector on 23-3-208 in favour of ESUCRL for installation of 450 MW Solar Park.

 Earlier on 27-11-2019, the Single Bench of the Rajasthan High Court had ‘dismissed the three petitions’ filed by scores of Khatedar Tenants and villagers on a number of legal grounds and references. The petitioners had strongly alleged that the allocation of land by district collectors of Jodhpur and Jaisalmer would curtail their  public utilities such as Pond, Talab, Graveyard, but the Single Bench Judge had justified, “Such places of civic rights has not been handed over to AREPRL and they would not insist for handing over possession or allotment of such land, possession whereof has not been given”.

Single judge opined that the petition preferred involve host of dispute question of facts, which cannot be gone into the Court in exercise of the writ jurisdiction, and thus, the petitioners were heard only qua the prayer clause (a) of the writ petition i.e. with respect to order impugned therein dated 11.1.2018 issued by the District Collector, Jaisalmer allotting 6115 Bighas 6 Biswas land comprising various Khasras of village Nedan in favour of AREPRL.

Then petitioners have moved to the DB of HC where special appeals and consequently the writ petitions are partly allowed, and the judgement was made in their favour.

HC’s SUO MOTO interest on Solar Park on land nearbyGreat Indian Bustard arc

The DB of Rajasthan High Court also stepped into a land allocation case in favour of ADANI’s AREPRLfor Solar Energy Plant near Great Indian Bustard (GIB) Arc area in village Rasla in Jaisalmer district.

DB in its same order stated, “Indisputably, the land allotted to the respondent AREPRL near GIB Arc area relates village Rasla, which is not subject matter of present special appeals, and therefore, we have the Question regarding legality of the said allotment to be dealt with suo moto PIL (DBC Writ Petition No. 825/19) pending consideration before this court. Let the copy of this order be placed on the files of said writ petition”.

Reaction on HC judgement related to solar projects

 Rajasthan, the biggest state in the country, has a vast potential for solar and wind energy in Jodhpur, Bikaner, Jaisalmer and Barmer districts with an installed capacity of 5002 MW in Solar and 4337 MW in wind energy, respectively.

 

 

(Photo R 3 here)

 

When asked for his reaction on the HC judgement, Rajasthan Energy and PHED Minister Dr B D Kalla told TIP here that of course there would be a hurdle in new investment plans and employment generation in the area sand desert of the state. It is the judicial matter, which is not my concern, Dr Kalla said adding, “Rajasthan has presently 4702 MW of solar power generation, and it has planned a solar energy target at 30,000 MW in years to come.

 

Recently, the GoR has signed an MoU of 5000 MW with NTPC, and another 5000 MW MoU was in the pipeline with another company (SECI: Solar Energy Corporation of India), he discloses.  And Rajasthan Power Generation Corporation would set up 810 MW solar plant in next 2 years, the Minister said.

In a new plan put up in the state Budget 2021-22, Rajasthan Power Distribution Corporation will set up a Green Corridor of 6.3 Gigga Watt to enable new projects of Renewable Source of Energy covering Jaisalmer, Barmer, Jalore, and Jodhpur districts, he added.

 

JVC

Adani Renewable Energy Park Rajasthan Ltd (AREPRL) is a 50:50 Joint Venture Company (JVC) incorporated by Adani Energy Park Ltd (AREPL) and Rajasthan Renewable Corporation Ltd (RRECL), Government of Rajasthan, under the Companies Act, 2013. The JVC has been formed under the provisions of MNRE Scheme for development of solar parks and UMPPs 2014, wherein both the parties hold equal shareholding, quoting AREPRL web site, an official said here.

An MoU has been signed with RRECL, the Government of Rajasthan’s nodal agency for the development of non-conventional energy sources, to develop solar parks with a cumulative capacity of 10,000 MW in a phased manner. As a part of the first phase, AREPRL is developing a 500 MW capacity solar park Bhadla, Jodhpur and 1500 MW capacity park in Fatehgarh, Jaisalmer.