Wednesday, August 16, 2017

Bajwa orders eviction of encroachments from village pond lands

Sun, 2 Jul 2017-07:52pm , PTI


Punjab Rural Development and Panchayat Minister Tript Rajinder Singh Bajwa today issued instructions to the officials of his department to remove the illegal encroachments from the village pond lands.

He also directed them to ensure a proper maintenance and utilisation of the ponds.

The minister ordered the officials to restore status quo ante (the previously existing state of affairs) after getting the records of the pond lands from the Revenue department.

The lands should be marked on the basis of the records and the illegal encroachments should be removed from them, he said here in a statement.

Bajwa said it was because of these encroachments that there were no outlets for the drains, leading to disputes among the people over the dirty, stagnant water.

He also asked the officials to explore the possibilities of treating the sewage water for irrigation and added that the treated water could be supplied to the fields by installing solar-powered pumps in the ponds, for which the government was providing an 80-per cent subsidy.

The ponds could also be used to harvest rain water as currently, the only outlet for the rain water were drains which resulted in its wastage, the minister said.

"Rain water harvesting will also help raise the sub-soil water level," he added.

(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)


Tuesday, August 8, 2017

Man secures 10,000 acres of grazing land for cows

The initiative is led by a retired electricity department employee and other like-minded citizens secured the land. He says pastures and not cow shelters will save the bovines.

Updated: Jun 30, 2017 20:03 IST
Salik Ahmad


Cows graze at Sarah Nathaniya Gauchar Bhoomi in Bikaner city. 
(HT Photo)
Gauchar (pastures) and not gaushalas (cow-shelters) will save cows. A group of citizens have secured nearly 10,000 acres of grazing land in Bikaner city believing in this idea to establish a sustainable model for cow protection.

Led by Brij Narayan Kiradoo, a retired employee of the electricity department and popularly known as Birju Maharaj, the group has been fighting for three decades for the land, called Sarah Nathaniya Gauchar Bhoomi, against encroachment, hunting of animals, felling of trees and for the development of grass cover.

“People abandon male calves and sell spent cows because they do not have any economic utility and people have to spend on their fodder. If the same cattle have access to pastures, then they won’t be a financial burden on their owners,” said Kiradoo.

He claimed that nearly 30,000 cows graze on the land every day and the grazing land provides free fodder for nearly eight months a year. In addition, nearly 40 villages have an informal agreement for rearing their cattle in the secured grassland.

Kiradoo added that there are lakhs of stray cows in Rajasthan and it’s practically impossible to put them all in cow-shelters, as it would lead to huge and recurring costs to the government.

Bikaner tehsildar Ashok Aggarwal validated Kiradoo’s conservation
efforts but is unsure about how successful it will be in saving cows.

“It’s true that Kiradoo’s conservation efforts of have been tremendous. Had it not been for him, a good part of the land would have been encroached upon by now. But I see stray cows in Bikaner city, so I cannot vouch for the model’s success with regard to cow protection,” said Aggarwal.

Ashok Choudhary, a civil servant-turned-activist working for sustainable development models in Rajasthan, lauded Kiradoo’s efforts and said that Sarah Nathaniya is a small ecosystem of its own.

“There are cattle, deer, rabbits, ponds, lakhs of trees and acres and acres of desert grass in the area,” said Choudhary. A strong advocate of conservation of pastures, Choudhary added that most of the pasture land in the state has been either encroached, lying barren or being used for farming and that securing pasture land in every village is the only way to save cows.


Tuesday, August 1, 2017

Kharar civic body fails to decide on shamlat land issue at Harlalpur village

Our Correspondent
Kharar, June 19

MLA Kanwar Sandhu makes a point at a meeting of the Municipal
Council in Kharar on Monday. 
Photo: Vicky Gharu
A resolution to sanction expenditure for filling a fresh case under the Punjab Village Common Land Act, 1961, in a civil court regarding 1,033 kanal 19 marla shamlat land at Harlalpur village here was kept pending after a detailed discussion at the Kharar Municipal Council meeting here today. The meeting was held under the chairmanship of Anju Chander. Kharar MLA Kanwar Sandhu was also present on the occasion.

This village was merged with the local municipal council on April 29, 2013. A special meeting was called today to discuss the issue. According to agenda of the meeting, a discussion was held with senior officials regarding various recommendations made by the Justice Kuldeep Singh tribunal regarding this land. The case was decided by the court in the favour of owners earlier.

As per the resolution, 937 kanal 4 marla land stands in the name of various people. As per the government instructions, this issue was discussed with Justice Rajiv Bhalla (retd) and two different civil writs had already been filed in the Punjab and Haryana High Court.

Councillors Gurpream Singh Romana, Kuldip Singh and Pargat Singh opposed the resolution as many villagers were in the possession of the land for the past two decades. They said it was not advisable to file a fresh case in the court as the matter had already been decided by the High Court. Another councillor, Amarjit Singh Panchi, admitted that many influential persons had purchased the land in the village. After a detailed discussion, a five-member committee was formed to get details of the common land belonging to the council.

MLA Kanwar Sandhu gave his advice on the issue. He said many influential persons had encroached upon the common land of villages in Kharar. He asked the MC to get full details of the land and circulate a recent decision of the Punjab and Haryana High Court.

A request for passing a resolution for the transfer of an MC official was also discussed in detail. At the meeting, the person concerned himself said that he was proceeding on leave and would get himself transferred from here.

Kanwar Sandhu, while addressing those present on the occasion, said that he would never tolerate any corruption in the working of the council. He asked MC officials to give full respect to the elected members and work to solve various problems faced by Kharar residents.


Thursday, July 27, 2017

Loss of common lands a death knell for Indian craftsmen, analysts say

Tue Jun 6, 2017 | 6:56am EDT
By Rina Chandran  

MUMBAI (Thomson Reuters Foundation) - The loss of India's community lands to industrial use is hurting weavers, potters and other craftsmen who rely on them for their livelihoods, activists say, sparking disputes across the country and even a music video.


Community or common lands include forests, grazing lands, water bodies and land owned by village councils. They provide food, water, fuel, fodder and livelihoods to rural communities.



These lands make up more than a third of India's land area but as demand for land has risen to spur economic growth, large tracts have been reclassified by state governments for industrial use, threatening local artisans' livelihoods.



"Traditionally, potters, weavers, ironsmiths, all had access to common lands for their work," said Tarique Shafique, a social worker in Azamgarh in Uttar Pradesh state, known for its silk sarees made by Muslim weavers.



"Now there is less of that land, and that is hurting their work. These are people who have done this work for generations."



Many of them belong to lower-caste and minority communities who do not own land so the loss of common lands has a more debilitating effect than the acquisition of private land where compensation is paid, he told the Thomson Reuters Foundation.



Between 1980 and 2011, about 830,000 hectares (3,205 sq miles) of India's forest land were reclassified or diverted for industrial use, according to advocacy group Rights and Resources Institute.



Nearly a quarter of this land was given to mining, while a fifth went to power projects as India builds infrastructure to spur growth and generate jobs for its 1.2 billion population.



WEAVERS AND POTTERS



"Land use is determined by the states on a case by case basis, and the law is followed in every case," said Hukum Singh Meena, a joint secretary in the department of land resources.



In villages, dhobis, or washermen, washed clothes and hung them out to dry in 'dhobighaats' earmarked for this purpose.



Potters, weavers, ironsmiths and coppersmiths used common property resources to source water, mud and reeds, and to dry their wares.



"Earlier, there used to be "tana-bana zameen", a piece of land where weavers placed their looms," said Niti Saxena, a land rights researcher in Lucknow city in Uttar Pradesh.



"That has slowly disappeared from villages, leaving them with no place to weave," she said.

In Goa, where about 70 percent of land is collectively owned and administered by a centuries-old community code, common lands are caught up in several disputes with the state.


In the southern city of Chennai, popular classical singer T.M. Krishna recently made a music video appealing for the protection of common lands, sometimes also called wastelands.



The 2006 Forest Rights Act and an older law to protect lands of indigenous people recognize the rights of forest dwellers and indigenous communities.



But states can deny these rights or change the classification of land, particularly in resource-rich areas it deems critical for development.



"Once the land is gone, it's gone," said Shafique.



"Then these workers have no choice but to give up their trade and move to the cities to work in construction."


Friday, July 21, 2017

Can government give village ‘Common Land’ to industrialists?

Posted on: June 1, 2017

Yes, Jharkhand Govt is doing it through ‘Land Bank’ in violation of constitutional provisions and SC judgments

A Plea: so many protests by Jharkhandi forces / organizations / movements against CNT/SPT Acts Amendments and Domicile Policy are taking place. Rightly so. But hardly any efforts are made to uncover the back-door stealing of individual ryots’ land (gair majurva khaas zamin), village-community land (gair majurva aam zamin) and village-forest land (jangal-jadi zamin). About 10 lakh acres of such illegally ear-marked / acquired land is being offered on a platter to industrialists / business houses. Take note, this is all quietly done but the axe is laid on the land of the indigenous Adivasi / Moolvasi people. To add injury to insult, no compensation will be given to individual ryots or village communities because the govt considers all gair majurva land as govt land!

Now, this whole process is illegal and unconstitutional. Why ?

1) India’s Supreme Court in a significant judgment observed:
“Since time immemorial there have been common lands inhering in the village communities in India, variously called gram sabha land, gram panchayat land… in the villages were for centuries used for the common benefit of the villagers of the village such as ponds for various purposes e.g. for their cattle to drink and bathe, for storing their harvested grain, as grazing ground for the cattle, threshing floor, maidan for playing by children, carnivals, circuses, ramlila, cart stands, water bodies, passages, cremation ground or graveyards, etc. These lands stood vested through local laws in the State, which handed over their management to Gram Sabhas/Gram Panchayats. They were generally treated as inalienable in order that their status as community land be preserved. There were no doubt some exceptions to this rule which permitted the Gram Sabha/Gram Panchayat to lease out some of this land to landless labourers and members of the scheduled castes/tribes, but this was only to be done in exceptional cases.”

Referring to a case where the Punjab State govt had regularized the construction of building on what was once a village community pond, the SC said: “The appellants herein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. We are of the opinion that such kind of blatant illegalities must not be condoned. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. Regularizing such illegalities must not be permitted because it is Gram Sabha land which must be kept for the common use of villagers of the village… In our opinion such illegalities cannot be regularized. We cannot allow the common interest of the villagers to suffer merely because the unauthorized occupation has subsisted for many years”. (CIVIL APPEAL NO.1132 /2011 @ SLP(C) No.3109/2011, section 3 & 13)

But by no stretch of imagination can this Common Land can be given to outsider industrialists and business houses for profit-making enterprises. And this is what the Jharkhand govt intends to do. Taking just one sample, Torpa Block in Khunti District, a total of 10,898 acres of Common Land (gair majurwa aam zamin) has been ear-marked for Land Bank of which 1116 acres has already been transferred to govt and a balance of 9781 acres remain at the disposal of the govt all of which it may give to any body who will invest for specific industrial/business enterprises.

Have we ever heard of govt selling rivers to industrialists? Yes, Jharkhand govt is doing that right now.

Here below is a sample of one village (Lohajimi in Torpa block of Khunti district) where the govt has ear-marked and partially acquired river land !


Sl. no.
Anchal Mouza
Thana khata no
Plot no
Holding (acres)
Nature of land
Already acquired
Not yet
1562
Torps Lohajim
112
91
1553
42.15 nadi
No
Yes
1563
,,
1088
1557
25.00
,,
,,
,,
1564
,,
1254
1556
52.00
,,
,,
,,
1549
,,
112
91
1
39.50 nadi
Yes


Thus a total of 157.65 acres of which 38.50 acres of river bed has already been acquired and the balance 119.15 is acquirable.

The fact that the govt is doing this in Lohajimi village is significant because it is in this village the ‘Koel-Karo dam’ was to be constructed leading to the submergence of 132 villages, 30,000 acres of agricultural land and 20,000 acres of forest land. But the Adivasi and Moolvasi people of all these villages with support from several people’s organizations waged a sustained struggle for over 30 years and finally forced the govt to call off its misadventure. In the process people paid a heavy price when during a peaceful protest the police opened fire leading to the martyrdom of eight persons and injury to scores of men and women.

Govt avenging itself to make up for its failure: And it is doing it through the back door calling it ‘land bank’. This is absolutely to be condemned. To be sure, the Adivasi people of Torpa block will not allow it.

There are also other ‘Commons’ which have been ear-marked to be acquired. Here are some examples:


Sl. no.
Anchal Mouza
Thana khata no
Plot no
Holding (acres)
Nature of land
Already acquired
Not yet
39
Torpa Udikel
85
296
545
Rasta
2.24

40
Torpa Udikel
85
296
1804
Rasta
1.13

41
Torpa Udikel
85
296
2248
Rasta
2.03

84
Torpa Raikera
92
32
333
Sarna
1.21

88
Torpa Karra
94
213
1628
Kabristan
2.16

89
Torpa Karra
94
213
1594
Kabristan
1.28

247
Torpa Sundari
28
231
3910
Masna
2.10

248
Torpa Sundari
28
231
4319
Masna
3.51

249
Torpa Sundari
28
231
5162
Masna
1.10


2) The Vth Schedule of the Indian Constitution [Indian Constitution, Article 244(1)]clearly stipulates that a ‘Tribes Advisory Council’ (TAC) composed solely of members from the Adivasi community who will advice the Governor of the State about any and everything concerning the protection, well-being and development of the Adivasi people in the Scheduled Area.[Part B4(1)(2)] The Governor is the constitutional custodian of the Adivasi people and he/she can make laws on his/her own and can annul any other law enacted by the parliament or state assembly always keeping in mind the welfare of the Adivasi people. [Part B5(1)(2). This provision is applicable in the nine States of central India where Adivasis are a significant population.

Whereas the reality is that in none of the States during all these nearly seven decades has any State Governor ever used his/her constitutional discretionary power to reach out to the Adivasi people proffering the excuse that they have to work in harmony with the elected government of the State. The meeting of the TAC takes place rarely, and it is convened by and presided over by the Chief Minister of the State even if he is a non-adivasi and is controlled by the ruling party. TAC has thus been reduced to a toothless body. Verily a constitutional fraud meted out to the Adivasi people. It must be noted this ‘Land Bank’ policy was not placed before the TAC for its advice and approval. Hence it is unconstitutional.

3) The Panchayats (Extension to Scheduled Areas) Act [PESA],1996 [Acts of Patliament No:40 of 1996] which was a fruit of long drawn disenchantment and struggle of the Adivasi people and their political representatives and which for the first time recognized the fact the Adivasi communities in India have had a rich social and cultural tradition of self-governance and outlined the composition and functioning of the Gram Sabha: (1) “State legislation … shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources” [PESA 4(a)]. (2) every Gram Sabha shall approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation…” [(e)(i)]. (3) “The Gram Sabha or the Panchayats at the appropriate level shall be consulted before the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas…” [(e) (ii) (i)]. (4) “State Legislature shall ensure that the Gram Sabha are endowed especially with the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe” [(m)(iii).

This ‘Land Bank’ policy was not placed before the to-be-affected Gram Sabhas nor was their advice, consent sought. Rather it was an ‘executive order’ coming from the CMO. It is therefore invalid.

It is high time to act. . . pleading with all Jharkhandi forces / organizations / movements / legal professionals / activists to formulate a legal case vs govt action and file it in a lower court or high court. We and our Jharkhandi people should not fail by default. I have tried to highlight some salient legal base; may be more could be added. But for our people’s sake, let us act and act fast.


Thursday, July 13, 2017

Look for alternate site for Barmer power substation: NGT to Rajasthan government

JAIPUR: National Green Tribunal, Bhopal, in major relief to the villagers of Korna, has ordered the state government to look for an alternate site for the proposed 765/400 KV substation that was planned in pasture land of the village in Pachpadra tehsil, Barmer district.

The order issued on Tuesday by Justice Dalip Singh and expert member Satyawan Singh Garbyal said, "From photographs and other material on record we have observed that there are five water bodies close to the proposed site... which are frequented by migratory birds and other wildlife. It has also been submitted that these water bodies are the only source of water in the area and are also used by village cattle and other animals."

The judgment of May 16 noted that the inspection report was "not satisfactory", and so the counsel for the state was asked to submit "toposheet of the Survey of India for the entire region, wherein the proposed site as well as an alternate site which was found at a distance of 38 km from the proposed site would be indicated."

The tribunal noted that since wildlife would be affected by any construction in the area, and no input had earlier been received from the forest department, a report was sought from the Barmer district forest officer.

The deputy conservator of forests, in a report submitted on Tuesday, told the tribunal that gauchar land spread over 3,000 bighas with five water bodies would be affected. He noted that rain water drains into the water bodies that are maintained by the villagers of Korna. Wildlife and domestic cattle are dependent on the water.

"The DFO in his report has concluded that any reduction in the habitat area by way of construction may cause damage to wildlife there and thus disturb ecological balance," the order states.

Tuesday, July 4, 2017

Industry waiting for revised Land Norms in Gujarat: FIA

Industry waiting for revised Land Norms in Gujarat: FIA
New Delhi, May 5 (KNN): The State Government had recently set up a high-powered committee to facilitate the industrial projects that were proposed at the Vibrant Gujarat Summit 2017. The Committee gave its nod to 12 major proposals. 

These include proposed changes in revenue rules, something the industry as well as land dealers are keenly waiting for.

The Committee further acknowledged that there are several genuine grievances that need to be addressed.

Talking to KNN, Mangalbhai J. Patel, Vice President of the Federation of Industries and Association in Gujarat explained the key problems that hinders the growth of MSMEs in the region. He said that to acquire a land registered with the government is very difficult, whereas there are estates that operate privately where entrepreneurs can park their unit.

Patel further informed that one of the reasons behind this is the fact that the majority of the land available in the region comes under agricultural purposes or grazing land, on which there is a Supreme Court notification that prohibits the Industries from acquiring such land.

“The large chunks of land fall under ‘Gaucharya’ i.e. grazing land and for farmers use, we can’t acquire those lands, though the Supreme Court’s order is implemented throughout the country, we in Gujarat suffer more as majority of the land falls under that category” he added.

Commenting upon the Committee’s recommendations, Patel said that though the panel lists many important issues that surround the Industry in our region, it certainly doesn’t address the land norms issue in a proper manner.

He suggested that a separate panel to be formed to look into revising land related norms, not just at the state level but at the national level. At a time when the Government of India is working along the lines of ease of doing business and Make in India, considering the concerns of the industry would help accelerate the growth. (KNN/ DA)


Tuesday, June 27, 2017

Gwal Pahadi row: Land in question was village common land, reveals revenue record

It was a gram panchayat land (shamlat deh) and could have been transferred to municipal corporation and not individuals, the HC bench orally said.

Updated: May 04, 2017 21:32 IST
Hindustan Times, Chandigarh

Revenue records produced by the Haryana government before the Punjab and Haryana high court have revealed that the controversial 464 acres of Gwal Pahari land in Millenium City was common village land and could not have been transferred to individuals.

The high court also observed that the mutation whereby title of land was changed in the 80s was wrong. It was a gram panchayat land (shamlat deh) and could have been transferred to municipal corporation and not individuals, the HC bench orally said.

Following the revelation, the Punjab and Haryana high court has now directed the Haryana government to submit details as to how much land out has been encroached upon by the next date of hearing. High court also asked the municipal corporation to start process of vacating land from individual occupants.

The direction was issued by high court bench of justice Justice SS Saron and Justice Darshan Singh while hearing a petition seeking a CBI probe on the controversial mutation of land.

Revenue officials such as tehsildar/naib tehsildar and revenue patwari and Kanoongo having the charge of village Gwal Pahari were present in court and produced record pertaining to the land.

The high court was hearing a public interest litigation (PIL) filed by Harinder Dhingra, a city resident, seeking CBI probe arguing that bureaucrats, politicians and local revenue officials were involved in the issue. An independent probe by an agency such as the CBI was required to ascertain the people behind involved in the mutation of prime land, he had argued.

As per the petitioner, ownership of the disputed land was with the gram panchayat of Gwal Pahari since 1940 and transferred to municipal corporation of Gurugram in 2010. Then financial commissioner (revenue),Yudhvir Singh Malik was not competent to pass an order on mutation in 2012, which the petitioner alleged had “favoured” some builders. Malik had passed the order on the application of a private party challenging the 2010 transfer of land.

Malik’s decision was challenged by MCG before financial commissioner Surina Rajan, who stayed the order. But in October 2015, SS Dhillon, an IAS officer, restored the same. Thereafter, the matter had reached the state government and a decision was taken for mutation of land in favour in MCG. But this order too was declared void in January, 2017 by district collector TL Satyaprakash. District collector ‘s decision has now been stayed by Gurgaon divisional commissioner D Suresh in February, as per the petitioner.


Thursday, June 15, 2017

Rs 50-cr shamlat land passed off as pvt land

Role of panchayat dept officials under scanner

Aman Sood I Tribune News Service I Patiala, April 30


Panchayat members show the 180-acre village 

common land at Arno in Patiala district on Sunday. 
Tribune photo: Rajesh Sachar
Arno village in Shutrana block of the district is battling to save 180-acre village common land (shamlat) from being transferred to some persons, allegedly due to complicity between land sharks and some officials of the Rural Development and Panchayat Department.

The state government has promised to probe the matter and establish the role of officials, including an IAS officer, “who acted against the department’s interest, days before retirement” and allegedly passed off the land worth over Rs 50 crore as “private”.

Members of the Arno panchayat alleged that the land was labelled as “disputed”, “not falling under the definition of shamlat as per Section 2(G) of the Punjab Village Common Lands Regulation Act, 1961”. They claimed that a Joint Development Commissioner, who retired in February, gave the decision in favour of some individuals without giving a hearing to the panchayat.

Amarjeet Kaur, counsel for the panchayat, said the then Joint Development Commissioner and his staff had adjourned the case on the scheduled date of hearing, without informing her about the next date.

“Days before the officer retired, the case was abruptly decided against us. We approached the then Financial Commissioner and got a stay on the order,” she alleged. Panchayat Secretary Rajinder Singh said, “A high-level probe is needed as these persons are not even depositing the lease money, causing losses to the state,” he said.

“In 2014-15, the land had fetched Rs 30 lakh in lease money from the individuals who claimed ownership. However, a few village residents, claiming to be migrants from Pakistan during Partition, said they were the owners and had initially taken the land on lease. We have documents to show that the land is shamlat, but the department officials have given us no opportunity to be heard,” said sarpanch Ramesh Kumar.

Rural Development and Panchayat Minister Tript Rajinder Singh Bajwa said he would order a probe by a senior officer to find out whether departmental officials had connived with land sharks.


Monday, June 5, 2017

80 encroachments on pond land razed

During rains, adjoining areas were getting flooded

Our Correspondent I Abohar, March 7


A demolition drive in progress at Khuyiansarwer village
near Abohar on Tuesday. Tribune Photo
As many as 80 houses and shops which had allegedly been constructed by encroaching upon land for village ponds were demolished in a major drive in Khuyiansarwer village today.

Naib Tehsildar Jatinderpal Singh, BDPO Dharam Pal Sharma, panchayat officer Darshan Singh and Khuyiansarwer SHO Gurveer Singh supervised the operation during which JCB machines were used. Although a heavy posse of police was deployed, there was little resistance to the drive.

Official sources said 170 families had raised illegal structures over the dry ponds resulting in flooding of adjoining areas during monsoons. The area earmarked for ponds was 68 kanal as per panchayat record but hardly 10 per cent of the same was free of encroachments.

The authorities were to submit a compliance report on this count to the High Court by April 25 but the drive had been postponed due to elections.

Notably, the HC had in February 2014 directed the state government to submit the report against encroachers of government/ panchayat land as ordered by the Supreme Court in 2011.

The SC had directed all states and UT’s to evict illegal/unauthorised occupants of gram sabha/gram panchayat/ shamlat land and restore the land to the panchayats for the common use of villagers.

Regularisation should only be permitted in exceptional cases where lease has been granted under some government notification to landless labourers or SC/ST’s or where there is already a school, dispensary or public utility on the land, the court observed. Information reveals that 125 acres of pond land in Abohar sub division had been encroached, mostly by political activists during the past decade.

Friday, March 10, 2017

In Other Courts: Allahabad High Court - Saleem Ullah Khan Vs State Of U.P. Thru Secy. And Others

eLegalix - Allahabad High Court Judgment Information System (Judgment/Order in Text Format)

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 29 

Case :- WRIT - C No. - 28482 of 2012 

Petitioner :- Saleem Ullah Khan 
Respondent :- State Of U.P. Thru Secy. And Others 
Petitioner Counsel :- Ravi Shanker Tiwari 
Respondent Counsel :- C.S.C.,R.D. Mishra 

Hon'ble Vineet Saran,J. 
Hon'ble Virendra Vikram Singh,J. 

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no. 1 to 3 and Sri R.D. Mishra for the respondent no. 4 and have perused the record. In view of the nature of the order, which is being passed, this writ petition is disposed of without issuing notice to the private respondents. 

The grievance of the petitioner is that the land which is registered as a pond has been allotted to the respondent no. 5 and 6, which is against the directions of the Apex Court passed in Civil Appeal No. 1132 of 2011 (Jagpal Singh and others vs. State of Punjab and others) and in the case of Hinch Lal Tiwari vs. Kamala Devi and others, AIR 2001 SC 3215. With regard to such grievances, the petitioner has already approached the respondent authorities but no orders have yet been passed. 

Learned Standing Counsel states that the grievance of the petitioner can be looked into by the respondent no. 3-Sub Divisional Magistrate, Tehsil Sadar, District Shahjanhapur. 

Considering the facts and circumstances of this case, we dispose of this petition with the direction that with regard to his grievances made in this petition, the petitioner may file an application before the respondent no. 3 under the provisions of the U.P. Z.A.& L.R. Act. If such application is filed by the petitioner within two weeks from today along with certified copy of this order, the respondent no. 3 shall pass appropriate orders, in accordance with law after giving opportunity of hearing to the petitioner as well as respondents no. 5 and 6 and other concerned parties, if there be any. The decision may be taken by the respondent no. 3 preferably within three months from the date of filing of such application by the petitioner. 

With the aforesaid observations/directions, this writ petition is disposed of. No order as to costs. 
Order Date :- 1.6.2012 

aBhiShek 
(Virendra Vikram Singh, J.) (Vineet Saran, J.) 

http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do