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)


?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 

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

Tuesday, March 7, 2017

Indian film heroes tackle land rights & champion underdog

February 9, 2017 I Rina Chandran I Thomson Reuters Foundation

A villainous company. Corrupt government officials. A heroic defender of farmers emerging victorious from a fight over land.
This is far from a typical storyline for Indian film, which more often promises movie-goers a diet of syrupy romances, family dramas or all-action flicks.
But a slew of regional-language movies has made unlikely heroes of those who defend Indians’ land rights, showing how the fight over land now influences the country’s popular culture, which generally shies away from contentious issues.
“At this moment in time, the bad guy in the movies is the one taking land from the poor farmer or villager,” said S.V. Srinivas, a professor of cultural studies at the Azim Premji University.
While land rights have featured in small-budget, regional films in the past, at least half a dozen recent, big-budget movies from the southern states of Tamil Nadu, Andhra Pradesh and Telangana have been about land. India’s voracious movie-going public has also seen popular actors starring in the top roles, with the underdog emerging on top.
“Seeing the hero beat up the land grabber or put him in jail is the winning formula now,” Srinivas told the Thomson Reuters Foundation.
Conflicts related to property have risen as demand for land for industrial projects has grown to boost development for India’s 1.3 billion citizens.
Legislation passed in 2013 was meant to protect the rights of farmers, ensuring consensus in any land transaction, rehabilitation for those displaced, and compensation up to four times the market value.
But several states, including Andhra Pradesh and Telangana, have since introduced laws to make acquisitions easier.
Earlier this month, a Telugu language film ‘Khaidi No. 150’, starring popular actor Chiranjeevi, took more than 1 billion rupees ($15 million) on its first weekend, the definition of a blockbuster in India.
The film is a remake of the Tamil film Kaththi (Knife), about farmers committing suicide after their land is acquired for a factory. It was one of the biggest Tamil films of 2014.
Another Tamil film, ‘Rajapattai’, featuring popular actor Vikram, told the tale of an old man forced to give up his home.
The 2015 Odisha film ‘Adibhumi’ (Ancestral Land), about a family forced out of their village for a steel plant, is loosely based on the unrest caused by South Korean firm POSCO’s plan to set up a steel plant in the eastern state in 2005.
Violent protests ensued as indigenous communities resisted the takeover of forest land for what was then India’s biggest foreign investment deal of about $12 billion.
“I am no activist, but I was deeply affected and wanted to show how our land acquisition policy is flawed, and how it affects poor, marginalised people most,” said Satyabrata Dwibedy, the director.
Earlier this month, a popular classical singer starred in a music video appealing for the protection of common lands.
Other Telugu movies with land as a theme include last year’s blockbuster ‘Sarrainodu’ (Right Man) and ‘Racha’, about land taken for mining.

Friday, March 3, 2017

Govt wants back land given to poor families

332 BPL families will get notices to vacate plots

Deepender Deswal I Tribune News Service I Hisar, February 20

The district administration is set to serve eviction notices on 332 Dalit families who had been allotted 100 square yard plots each in 2010-11 under Mahatma Gandhi Gramin Basti Yojna for below poverty line (BPL) families.

Around half of these families had started residing here after construction of houses on the plots. The matter came to light when the remaining applicants eligible under the scheme approached the authorities to hand over plots to them.

The issue was taken up in the district public relations and grievances committee meeting on December 21 last year.

Sources said the Panchayat Department had objected to carving out of plots on common land as it had been earmarked as pond land in the revenue record.

A Supreme Court verdict in 2011 had stated that common land in any village could not be encroached upon for any purpose and issued directions to state governments to ensure removal of encroachment from such land.

In view of the apex court verdict, minister Banwari Lal, who chaired the committee meeting, directed the authorities to get the entire common land evicted by cancelling the allotment of plots to beneficiaries.

Acting on the minister’s directions, the Panchayat Department started the process of serving eviction notices on them.

The department sought the names of officials responsible for the carving out of residential plots on common village land in violation of Supreme Court directions, the sources said.

District Development and Panchayat Officer Arvind Malik said the department would acquire land elsewhere for allotment to beneficiaries under the BPL scheme.