Tuesday, February 24, 2015
1 D.B. CIVIL WRIT PETITION (PIL) No.660/2013
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
D.B. CIVIL WRIT PETITION (PIL) No.660/2013
Bhanwaroo Khan & Ors. vs. State of Rajasthan & Ors.
DATE OF ORDER : 19th February, 2013
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
HON'BLE MR. JUSTICE V. K. MATHUR
Mr. Sandeep Shah, for petitioners.
Heard learned counsel for the petitioners.
2. The petitioners have preferred this public interest litigation for removal of illegal encroachments from land bearing Khasra No.189 situated in Village Kalusar, Tehsil Sardarsahar, District Churu, which is 'Gair Mumkin Paitan'.
3. Submission of learned counsel for petitioners is that land in dispute bearing Khasra No.189 is described as 'Gair Mumkin Paitan' in Jambandi for S.Yr.2062, the respondent Nos.5 to 8 have encroached on the said government land. He submitted that every year an action is taken against respondents and even their articles are ceased, but still they have not been removed so far by District Administration. He further submitted that the Hon'ble Apex Court in Jagpal Singh vs. Punjab State, Civil Appeal No.1132/2011 decided on 28th January, 2011 has held that there cannot be any allotment and regularization of land falling in catchment of a bond/water reservoirs. He also referred the Circular dated 25th April, 2011 (Annex.12) issued 2 D.B. CIVIL WRIT PETITION (PIL) No.660/2013 by State Government on the basis of judgment of Hon'ble Apex Court. He also submitted that petitioners have made number of representations to all the concerned authorities including SDO and Collector and also to Hon'ble The Chief Minister, but no action has been taken against respondent Nos. 5 to 8 in this regard.
4. We have considered the submissions of learned counsel for the petitioners.
5. From Revenue Record i.e. Jamabandi placed on record as Annexure-11, it is clear that land bearing Khasra No.189 in Village Kalusar is 'Gair Mumkin Paitan' and as per the judgment of Hon'ble Apex Court, it cannot be allotted and regularized in favour of anyone. We further find that petitioners have represented the District Administration, but no action has been taken so far.
6. In these circumstances, we are of the view that petitioners should approach the District Collector, Churu again along with order of this Court and Collector, Churu be directed to examine and decide the representation of the petitioners, in accordance with law and in case, any persons are found in illegal encroachment over the land in dispute, then to take immediate action for their removal.
7. Consequently, we dispose of this writ petition with liberty to petitioners to move fresh representation in this regard. It is directed that in case, the petitioners move a representation within a period of fifteen days from today along with copy of this order, then District Collector, Churu is directed to examine and decide the same within a period of 3 D.B. CIVIL WRIT PETITION (PIL) No.660/2013 one month thereafter and in case, a finding is recorded that there is encroachment over the land in dispute, then to take immediate action for removal of encroachments over land in dispute, in accordance with law.
8. The stay application No.536/2013 also stands disposed of.
(V. K. MATHUR),J.
(NARENDRA KUMAR JAIN),J.
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
JUNIOR PERSONAL ASSISTANT.
Wednesday, February 18, 2015
Government of Jammu and Kashmir
Civil Secretariat, Revenue Department
Subject:- Scheme for eviction of encroachments on common lands
Reference: Cabinet Decision No.188/23/2011 Dated: 19-10-2011
Government Order No.: Rev/Lit/218 of 2011
1 1. Whereas, the Hon’ble Supreme Court vide order/Judgement dated: 28-01-2011, passed in Civil Appeal No. 1132/2011 titled Jagpal Singh vs. State of Punjab and other directed as under:
“… All the State Governments in the country shall prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Paramboke/Shamlat Land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of the villagers of the village. For this purpose, the Chief Secretaries of all the State Governments/union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupants, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon on political connections must not be treated a justification for condoning this illegal act or for regularising the illegal possession. Regularisation should only be permitted in exceptional cases, eg where lease has been granted under some Government Notification to landless laborers or members of Schedule Casete/Schedule Tribes, or where there is already a school, dispensary or other public utility on the land.”; and
2. Whereas, in conformity with the aforementioned directions/observations of the Hon’ble Supreme Court, deliberations/consultations were held by the Chief Secretary with the other senior officers (Administrative Secretaries) of the departments of Revenue, Planning, Forest, General Administartion, Rural Development Department and Law; and
3. Whereas, under Jammu and Kashmir Land Revenue Act, samvat 1996 and the Jammu and Kashmir Common Lands Act, 1956, Deputy Commissioners and Tehsildars, that is, Collector and Assistant Collectors of 1st Class are empowered to evict the illegal occupants from the State land/Kahchari land and on common lands by adopting due course of law; and
4. Whereas, for effective implementation of the Hon’ble Supreme Court orders and the provisions of the Jammu and Kashmir Land Revenue Act, samvat 1996 and the Jammu and Kashmir Common Lands Act, 1956, a comprehensive scheme is required to be formulated to provide for eviction of illegal/unauthorised occupants of such land;
Now, therefore in compliance of the directors of the Hon’ble Supreme Court of India in Civil Appeal No. 1132/2011 titled Jagpal Singh Vs. State of Punjab and others and the powers conferred by the Jammu and Kashmir Land Revenue Act, Svt. 1996, the Jammu and Kashmir Common Lands (Regulation) Act, 1956 and other relevant provisions of law in force in the State, the Government thereby formulates the following scheme for removal of encroachment on common lands, non-partible Shamlat Lands, Kahchrai Lands and lands meant for pathways, ponds, storing grains, water bodies, passages, cremation grounds and other common use of the people of the villages and also for eviction of illegal/unauthorised occupants of such land namely:-
1. Name of the scheme and its commencement – (1) This scheme maybe called “The Jammu and Kashmir Eviction of Unauthorised Occupants (from common Land) Scheme, 2011”.
(2) It shall come into force from the date of its issuance.
2. Definition – In this scheme, unless the context otherwise requires, the words and terms used in it shall have the same meaning as respectively assigned to them under the provisions of the Jammu and Kashmir Land Revenue Act, Svt. 1996, the Jammu and Kashmir Common Lands (Regulation) Act, 1956.
3. Identification of encroached land – (1) The Deputy Commissioners of the concerned districts, shall identify the encroachments on common lands/non-partible land Shamlat lands, Kahchrai Lands and lands meant for pathways, ponds, storing grains, water bodies, passages, cremation grounds and other common use of the people of the villages.
(2) They will be directly responsible for the implementation of the scheme and are authorised to obtain the assistance of such other departments, organisations or agencies of the Government as may be necessary for the purpose.
(3) The concerned Block Development Officer shall also be responsible for identifying the encroached land belonging to Panchayats and report to the Deputy Commissioner concerned forthwith for its eviction.
4. Preparation of list – Based on the information collected by the Deputy Commissioners of the concerned districts, the assami-wise/case-wise list will be completed within a period of three months. The lists shall be submitted to the Divisional Commissioners concerned and Financial Commissioner Revenue for information and record. The lists shall contain details as per the format to be prescribed by the Financial Commission, Revenue.
5. Eviction – After identification of these illegal encroachments of lands mentioned heretofore, the concerned Revenue Officers shall start eviction of illegal occupation of such lands under the provisions of the Jammu and Kashmir Common Lands (Regulation) Act,1956 and notifications issued from time to time on the subject.
6. Notice – Before initiating proceedings under this scheme, the illegal occupants shall be given a show cause notice of fifteen days by the concerned Revenue Officer as to why the proceedings of evictions under this Scheme be not initiated against them and also to produce an oath (Affidavit) documentary evidence in support of their claim, if any.
7. Hearing - No order of eviction shall be passed by any revenue officer unless the illegal occupant is provided an opportunity of being heard and consideration of documents produced in support of his claim.
8. Order of Eviction: (1) Any revenue officer may, after following the procedure laid down under clauses 6 and 7 of the Scheme, pass an order for eviction of the unauthorised occupants of such land.
(2) Nothing shall prevent the said officer from passing an order of eviction in case the illegal/unauthorised occupant fails to appear before the court within the prescribed time or does not submit any sufficient document in support of his claim.
9. Possession – On eviction of unauthorised occupants, the Deputy Commissioner or the revenue officer shall handover the possession of land to the concerned Halqa Panchayat or the competent authority under law and make proper entry thereof in the Revenue records.
10. Targets – (1) The Deputy Commissioner concerned shall assign monthly targets to each Tehsildars regarding eviction of such illegal occupants and for prevention of such encroachments on common land/non-partible Shamlat land, Kachrai Lands and lands meant for pathways, ponds, storing grains, water bodies, passages, cremation grounds and other common use of the people of the villages.
(2) All Revenue Officers/Officials, of and below, the rank of Assistant Commissioner, Revenue Concerned shall be responsible for implementation of the Scheme within their respective territorial jurisdictions in letter and spirit and any dereliction thereof on their part shall invite disciplinary proceedings against them.
11. Monitoring – The process of removal of illegal encroachment shall be monitored by Financial Commissioners concerned at Divisional level and Deputy Commissioner concerned at District level. They shall submit progress report to the Government on quarterly basis through Financial Commissioner.
12. Public Awareness – (1) It shall be obligatory on the Deputy Commissioners of the Districts to make the general public aware through revenue officers about the encroachment on common lands of the villages through electronic and print media.
(2) The public should also be informed that any such encroachment on common lands is in contravention of the law and the directions of Hon’ble Supreme Court and that any violation will attract action under law. Print and electronic media shall be used for this purpose.
(3) The list prepared under clause 4 of the Scheme will get displayed on some conspicuous place in the office of Deputy Commissioner an published in atleast two local dailies having vide circulation in the area.
13. Review – The implementation of the Scheme will be reviewed by the Financial Commissioner on quarterly basis.
14. Miscellaneous – (1) The Scheme shall be forwarded by all the Revenue Officers within their respective territorial areas in letter and spirit without any laxity or deviation.
(2) Non compliance or laxity will be viewed seriously.
By Order of the Government of Jammu and Kashmir.
Commissioner/Secretary to Government
Copy to the: -
1. Administrative Secretary__________
2. Financial Commissioner (Revenue) J&K, Jammu
3.Principle Secretary to the Hon’ble Chief Minister.
4. Divisional Commissioners Jammu/Kashmir.
5. Deputy Commissioner__________
6.Director Information Jammu/Srinagar.
7. Special Assistant to the Hon’ble Revenue, Relief and Rehabilitation Minister
8. Special Assistant to the Hon’ble Revenue of State
9. Private Secretary to Commissioner/ Secretary Revenue.
10. Govt. order file/stock file.
Under Secretary to Government