- SDM, Najafgarh
- BDO, South West
- Both the parties
Thursday, February 28, 2013
Appeal No. 15306
Nathu Singh & Ors. v/s Gaon Sabha Kharkhari Nahar
IN THE COURT OF DY. COMMISSIONER & COLLECTOR
DISTRICT SOUTH WEST, KAPASHERA, DELHI
Nathu Singh & Ors...Appellants
Gaon Sabha Kharkhari Nahar...Respondent
This shall dispose of the appeal dated 18/12/2006 filed by the appellants hereinabove u/s 185 of the DLR Act, 1954 against the order dated 15/11/2006 of the SDM/RA (Najafgarh) in Case No. 342/85 & 343/85 issued under section 85 & 86-A of the DLR Act, 1954. Vide the said order the SDM/RA has dismissed the suit of the appellants (herein above) in respect of suit land bearing Kh. No. 20/25 (2-08), 23/4/2/I (1-4), 23/7/2 (4-9) & 23/14/2 (4-2) total 12 Bighas 3 biswas situated in the Revenue estate of village Kharkhari Nahar and ejected them from the suit land. Aggrieved by the said order appellant has preferred an appeal before this court.
After hearing the appellant and perusing the material on record it is seen that the appellant hercinabove has been encroaching upon the suit land which is a Govt. land since long time. The only plea taken by the appellant is that he is in the possession on Govt. land for long time and therefore he should be declared Bhumidar u/s 85 of the DLR Act, 1954 on the basis of adverse possession. Further, it is argued that the proceedings u/s 86A of DLR Act, 1954 is barred by limitation. In this regard it is observed that the Hon'ble Supreme Court in the matter Hemaji Waghaji Jat v/s Bhikhabhai Khengarbhai Harijan & Others (AIR 2009 SC 103) has held that-
"the law of adverse possession which ousts an owner on the basis of inaction within limitation is irrational, illogical and wholly disproportionate. The law as it exists is extremely harsh for the true owner and a windfall for it dishonest person who had illegally taken possession of the property of the true owner. The law ought not to benefit a person who in a clandestine manner takes possession of the property of the owner in contravention of law. This in substance would mean that the law gives sea! of approval to the illegal action or activities of a rank trespasser or who had wrongfully taken possession of the property of the true owner." Further the Apex Court has gone on to emphasize as to "why the law should place premium dishonesty by legitimizing possession of a rank trespasser and compelling the owner to loose its pusstion only because of his inaction in taking back the possession within limitation."
In view of the above. I am of the considered opinion that the appeal of the appellant here inabove flacks merit. Further as per the order of the Hon. Supreme Court in Jagpal Singh & Ors Vs. State of Punjab and Ors. In Civil Appeal No. 1132/2011 and SLP (c) No. 3109/2011 the encroachers and illegal occupants on the Gram Sabha land needs to be evicted and the Gram Sabha land needs to be retrieved and restored to the Gram Sabha. Hence the order:
In view of the observations made in the judgement, the appeal dated 18/12/2006 filed by the appellants hereinabove u/s 185 of the DLR Act, 1954 against the order dated 15/11/2006 of the SDM/RA (Najafgarh) in Case No. 342/85 & 343/ 85 issued under section 85 & 86-A of the DLR Act, 1954 is hereby dismissed. The SDM/RA, Najafgarh and BDO, South West to take further necessary action in time bound planner for taking possession of the suit land.
Given under my hand and seal of this court on this 10 th day of October 2012.
Vikas Anand, IAS
Dy. Commissioner & Collector
Tuesday, February 26, 2013
Express news service
Posted: Feb 19, 2013 at 0054 hrs IST
Ludhiana: A day after Ludhiana Newsline carried a report on the controversy surrounding the construction of shops on common land at Ghuman village in Riakot, Deputy Commissioner Rahul Tewari on Monday marked an inquiry in the case and asked Jagraon SDM Gurmeet Singh to submit a report.
“Due action will be taken after the SDM submits his report,” the DC said.
As already mentioned, the villagers have objected to the construction of five shops on the village common land along the Ludhiana-Bathinda state highway where, as per rules, constructions cannot come up. The villagers alleged Sarpanch Bhupinder Singh did not follow the rules.
However, the Sarpanch said he had asked those constructing shops on this land to pay the panchayat a rent of Rs 850 per month, and no other charges had been asked from them.
Though the Block Development Officer had received a complaint, nothing much was being done in this regard.
©2013 The Indian Express Limited. All rights reserved.
Wednesday, February 20, 2013
Guidelines for Implementation and Extending to other areas under Common Property Resources (CPR) – NREGA Project in AP
GOVERNMENT OF ANDHRA PRADESH
OFFICE OF THE COMMISSIONER: RURAL DEVELOPMENT
2nd Floor, Huda Hermitage Office Complex, Hill Fort Road, Saifabad, Hyderabad
Ph: 040-27650040,42 Fax:27650043, E-mail: firstname.lastname@example.org/ email@example.com
Rc.No : 26/CPR-NREGA/2011 dt 12-02-2013
Sub: RD- SLNA – Common Property Resources (CPR) – NREGA Project in AP – Implementation and Extending to other areas – Issue of guidelines - Reg.
Ref: 1.Minutes of the meeting on scaling up of CPR – NREGA project on 14-12-12 at O/o CRD, Hyderabad.
2. Proceedings of the Conference of Joint Collectors at O/o CCLA on 05-02-2013
* * *
Attention to the reference 2nd cited, where in the Principal Secretary, RD during the joint Collectors conference has explained the need for conservation & protection of Common Property Resources (CPRs) (known as commons) available in the state involving the community, NGOs and the note circulated in the Joint Collectors conference is herewith annexed for ready reference.
In this connection the Joint Collectors of 22 Districts(except Hyderabad) are requested to take the action on the following in coordination with PD, DRDA and PD, DWMA immediately.
1) Identify common lands in every village and earmark them for protection and regeneration.
2) Creation of Village wise, mandal wise , district wise database
3) Entering the identified Common lands into POB
a) to register land as common land and
b) to register community rights exercisable over land registered as common land.
4) Ensure protection of identified CPR lands
5) Communicate the list of identified lands to PD,DWMA
6) Constitute Land Management Committees consisting of VRO, VO & FA
7) Regular review and monitoring of the process of creation of database on commons & its entry into POB
8)Sharing the district database with RD department for implementation of CPR programme
9) Provide leadership for implementation of programmatic action plan for protection and conservation of CPRs in the district.
Hence it is requested to leadership to this programme, initiate early action in this regard and furnish the action taken to this office by 31-03-2013.
Sri Sashi Bhushan Kumar
All the District Collectors in the state for information & necessary action
All the PDs, DRDA in the state for information & necessary action
All the PDs, DWMA in the state for information & necessary action
Thursday, February 7, 2013
Wednesday, February 6, 2013
Also refer http://claim-for-commons.blogspot.in/2012/12/supreme-court-of-india_3.html
ITEM NO.2 COURT NO.1 SECTION IV
ITEM NO.2 COURT NO.1 SECTION IV
RECORD OF PROCEEDINGS
I.A. NOS.19-21 OF 2012 IN CIVIL APPEAL NO.1132 OF 2011
JAGPAL SINGH & ORS. Appellant (s)
STATE OF PUNJAB & ORS. Respondent(s)
(With appln(s) for directions and office report)
Date: 04/12/2012 This Appeal was called on for hearing today.
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR
HON'BLE MR. JUSTICE J. CHELAMESWAR
For Appellant(s)/ Mr. G.E. Vahanvati, A.G.
Applicant in Mr. Ajit Pudussery, AOR
IA 19-21/12 Mr. K. Vijayan, Adv.
Ms. Joanne Pudussery, Adv.
Mr. Dinesh Khurana, Adv.
Mr. J.P,. Singh, Adv.
Mr. R.C. Kaushik, AOR
Mr. Prashant Bhushan, AOR
State of Assam Ms. Vartika Sahay Walia, Adv.
M/s. Corporate Law Group
Mr. Krishnand Pandey, AOR
Mr. Sudarshan Singh Rawat, AOR
For Chhattisgarh Mr. Aniruddha P. Mayee, AOR
Mr. Charudatta Mahindrakar, Adv.
Ms. Anitha Shenoy, AOR
Mr. Gunnam Venkateswara Rao, AOR
Mr. Sanjay Kharde, Adv.
Ms. Asha Gopalan Nair, AOR
For Haryana Mr. Manjit Singh, AAG, Haryana
Mr. Tarjit Singh, Adv.
Mr. Kamal Mohan Gupta, AOR
For Uttarakhand Dr. Abhishek Atrey, AOR
Mr. Brijesh Panchal, Adv.
Mr. Aishverya Shandilya, Adv.
Mr. C.D. Singh, AOR
For A.P. Mr. G.N. Reddy, AOR
Mr. M. Rambabu, Adv.
Mr. S. Nagarajan, Adv.
For Manipur Mr. Khwairakpam Nobin Singh, AOR
Mr. Th. Ibohal Singh, Adv.
Dr. Kailash Chand, AOR
Mr. Naresh K. Sharma, AOR
Mr. G. Prakash, AOR
Mr. Ajay Choudhary, AOR
Mr. M.T. George, AOR
For Arunachal Mr. Anil Shrivastav, AOR
Pradesh Mr. Rituraj Biswas, Adv.
Mr. Milind Kumar, AOR
Mr. Fateh Singh Chauhan, AOR
Mr. D.S. Mahra, AOR
Mr. Sanjay Parikh, Adv.
Ms. Mamta Saxena, Adv.
Ms. Bushra Parveen, Adv.
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Kunal Verma, AOR
Mr. Dipak Kumar Jena AOR,
Ms. Minakshi Ghosh Jena, Adv.
Mr. Nitesh Ranga, Adv.
Mr. Rajiv Nanda, AOR
Mr. B. Balaji, AOR
Ms. Hemantika Wahi, AOR
Ms. A. Subhashini, AOR
Mr. Abhijit Sengupta, AOR
Mr. Sunil Fernandes, AOR
Mr. Balaji Srinivasan, AOR
Mr. Mukesh Verma, Adv.
Mr. Pawan Shukla, Adv.
Mr. Yash Pal Dhingra, AOR
For Rajasthan Dr. Manish Singhvi, AAG, Rajasthan
Mr. Amit Lubhaya, Adv.
Mr. Irshad Ahmad, AOR
For Kerala Mr. Jogy Scaria, AOR
Mr. Kaushal Yadav, Adv.
Mr. Ashok Kumar Singh, AOR
Mr. Ritesh Khatri, AOR
Mr. S. Mahendran, AOR
UT of Puducherry Mr. V.G. Pragasam, Adv.
Mr. S.J. Aristotle, Adv.
Mr. Prabu Ramasubramanian, Adv.
For U.P. Mr. M.R. Shamshad, Adv.
Mr. Mukesh Verma, Adv.
Mr. Ahamad S. Azhar, Adv.
Mr. Shashank Singh, Adv.
For Haryana Nyay Mr. Pardeep Kumar, Adv.
For Punjab Mr. Jagjit Singh Chhabra, Adv.
UPON hearing counsel the Court made the following
O R D E R
Issue notice, returnable two weeks after the winter vacation.
Let notice be served, both in the usual course and also by way of Dasti service.
In the meantime, the directions given from the Collector’s Office, Chitnis Branch, Vadodara, Gujarat, by letter dated 18th November, 2011, which has been made Annexure A-6 to these interlocutory applications, shall remain stayed.
|(Chetan Kumar) | |(Juginder Kaur) |
|Court Master | |Assistant Registrar