Tuesday, March 6, 2012

Claim For Commons: Claim for Repossession of Village Land in Bulandshahr District - RTI (II)

                                                                                   
                                                                                   REGISTERED

                                                                                      A/G-398, Shalimar Bagh,
                                                                                                       Delhi-110088.
                                                                                                    12th May, 2011.

Public Information Officer,
Office of Upper Zila Adhikari (Administration),
Collectorate,Kutchery Road,
Bulandshahr, Uttar Pradesh.

Sir,

APPLICATION UNDER RIGHT TO INFORMATION ACT 2005

Please refer to your reply dated 30-04-2011 (copy enclosed) in response to my RTI applications.  Further to this, please provide the following information :-
  1. In para 5 of your reply it has been stated that the Gram Panchayat land of village Kurbal Banaras was allotted to Smt. Gendo w/o Shri Jaipal, Shri Nisar, Shri Iqbal and Shri Qumruddin in the year 1967 on Seerdari (permanent ownership) basis.  Please quote the rules which allow such allotment of Gram Panchayat land.  Also state up to what period/year, the revenue/land records are available in your office.
  1. Please give details of the lands in the possession of the above mentioned persons in village Kurbal Banaras and in other villages stating whether the same is  on lease/patta or seerdari/permanent ownership basis etc.
  1. As per the Hon’ble Supreme Court’s judgement dated 28 January, 2011 (copy enclosed)  the title of Gram Panchayat land cannot be transferred permanently to anybody under any circumstances (see the underlined portion in para 4 of the judgement). Therefore, in whatever manner the Gram Panchayat land of village Kurbal Banaras was allotted to the above mentioned persons, the right of the community i.e. Gram Panchayat would still prevail over this land.  According to para 20 of the judgement (see underlined portion) such allotments/orders are illegal and the cases will have to be re-opened/reviewed in view of the apex court’s orders.  In para 4 of your reply it has been stated that there is no need for any action against pattadharis/seerdharis.  It means you want to protect such illegal allotments ignoring the Supreme Court’s orders.  Please state under what provisions of law you are challenging even the apex court’s orders.
  1. Please state what action has been taken by the DM or Tehsildar or any other officer on my application dated 8 February, 2011 (copy enclosed) addressed to DM, Bulandshahr which was sent by Registered Post. If it is being dealt with by an officer other than the Tehsildar, this point may be forwarded to the concerned officer and on receipt of the information a consolidated reply be sent to me by you.
  1. Give details of Gram Sabha/Panchayat land of other villages in district Bulandshahr which has been allotted on permanent ownership basis.  Apparently such cases will have to be re-opened  in view of the Supreme Court’s above mentioned order.  If the complete information is not available in Tehsil, Bulandshahr, this point may be forwarded to other Tehsils also and on receipt of information a consolidated reply may be sent to me by you.
  1. While allotting land on leasehold/patta basis, whether any time limit is fixed or it is for unlimited period.  Lease is always for a certain period.  Please quote the rules available with you on the subject and also provide me a copy thereof.
  1. When the Gram Panchayat allots land on lease/patta whether the District/Tehsil Administration approves it. If so, whether the truthfulness/validity/correctness of the order/allotment is verified before approving it.  If the order of the Gram Panchayat is not in accordance with the rules, does the District/Tehsil Administration has power to disapprove/reject it.  Please quote the mechanism which is adopted to very the facts.
  1. In para 1 of your reply it has been stated that allotments of Gram Panchayat land of village Kurbal Banaras were made on 24-11-1987, 30-09-1989 and 09-02-1996 to poor residents of the village who were landless or were having less than 31/8  acre of land.  There are many poor scheduled caste landless residents in the village.  Under what provisions of law preference was given over such people to those who were having land in the village even if it was less than 31/acre.
  1.  Please also state if the lease/pattas made on the above mentioned dates are for certain period.  If so, give details of the time-frame in each case. If these are for unlimited period, please quote the relevant rule permitting such allotments.
  1. Whether any communication has been received by the DM or Tehsildar from the Chief Secretary/UP Government in response to the above quoted judgement of the Supreme Court or in response to my petition addressed to the Chief Secretary relating to the above mentioned case. If yes,   a copy thereof may be provided to me.
  1. Please provide me a list of all the officials posted in Tehsil, Bulandshahr (including the Tehsildar and Naib Tehsildars) giving their names, designations and the work allotted to each.

The reply may please be sent through registered post.

Please acknowledge receipt of this letter.

A Postal Order for Rs.10/- towards application fee is enclosed.


                                                                                                  Yours faithfully,
                                                                                                  ( H.C. Sharma )
                                                                                                Encls : As above


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