Jodhpur: In a significant ruling on land rights, the Rajasthan High Court has held that revenue authorities cannot grant a right of way through a person’s land without first giving the affected landowner a proper opportunity to raise objections.
Justice Sanjeet Purohit dismissed a writ petition challenging an order of the Board of Revenue, which had sent the matter back for fresh consideration after finding that the mandatory procedure under Rule 69 of the Rajasthan Tenancy (Government) Rules, 1955, was not followed.
The Court clarified that simply issuing a notice for a site inspection is not enough to meet the legal requirement of inviting objections.
It observed that objections to the original application and objections to the site inspection report are separate issues and must be considered independently before granting a right of way under Section 251A of the Rajasthan Tenancy Act.
Highlighting the importance of property rights, the Court noted that creating a new passage through land permanently affects the tenancy rights of the landowner.
Therefore, following the prescribed procedure and principles of natural justice is essential and cannot be treated as a mere formality.
The High Court consequently upheld the Board of Revenue’s remand order and directed the Sub-Divisional Officer to reconsider the matter afresh after strictly complying with the required legal procedure.