Thursday, September 12, 2013

Revenue Dept puts village common lands in land bank


Rahul Noronha | Hindustan Times

Bhopal: Even as Parliament on Thursday passed the land acquisition bill to protect farmlands from being taken over by corporates for industrial or commercial use, in a blatant violation of a Supreme Court order of 2011, the state revenue department has included common lands of villages in the land bank created for allotment of lands for industrial and commercial purposes.

A bench of the Supreme Court of justices Markandey Katju and Gyan Sudha Mishra in their order of January 28, 2011 in Jagpal Singh and others versus state of Punjab stated, “In many states, government orders have been issued by state governments permitting allotment of gram sabha land to private persons and commercial enterprises on payment of some money. In our opinion all such government orders are illegal and should be ignored.”

Changing the earlier system of allotment of land for industrial or commercial projects, the state cabinet in its meeting on May 28 endorsed a dakhal rahit land allotment policy for investment purposes. Under this, investors seeking land for investment purposes can choose the suitable from a land bank listed on the website of commissioner, land records. The investor will then apply to the department concerned which will examine the proposal and suggest or reject allotment to the district collector. The collector would then follow procedure for allotment by holding a hearing or inviting objections.

A look at the land bank created in 48 districts in the state, available on the website of the commissioner, land records suggests that in many cases status of lands incorporated in the land bank is mentioned as charnoi, marghat (cremation ground), graveyard, gauchar, playground, goha and grazing land, which suggests they are common lands in villages that cannot be allotted for any other purposes as per the SC order of 2011.

Even the MP land revenue code states that common lands in villages can be used only for the stated purpose.

“The state government is not only taking away common lands from villages but also keeping investors in the dark. It is offering lands to investors which cannot be taken as per Supreme Court orders,” said social activist Anil Garg. “The land bank may reflect common land of villages but for investment purposes common lands will not be allotted unless they are substituted by the investor,” said an official of the revenue department

1 comment:

  1. Even if the plans are allowed and given sanction, 'how could the non-owners of the 'Commons' sell it when the 'Commons Village' was created by the contribution of the land owners of the villages conferring right to ownership on Panchayat Samiti or government.As such sale takes place between the non owners and the bona fide buyers.In such a case, sale proceeds should go to land owners as per their share listed in 'Ismaye Malkan'