Govt. Responds: Letter from Deputy Commissioner, Pakur, Jharkhand

Attached below is  a letter from Deputy Commissioner, Pakur for collection of information on the status of common lands in the district. Based on the letter from the Chief Secretary, Jharkhand  no. 1039, dated 19.04.2011 we hope the process has been initiated in all the districts. We look forward to the actions being taken up be the State Government for protecting the common lands in the state.

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Office of the

Deputy Commissioner cum District Magistrate, Pakur

(District Revenue Branch)

Letter No. 336/R

From,
Deputy Commissioner,
Pakur


To,
Sub Divisional Officer, Pakur
Range officer, Pakur/Amlapada
Block Development Officer/Joint Divisional Officer,
Maheshpur/Pakudiya/Littipara/Hiranpur
Pakud, Dated: 21st April, 2011

Sub: With regards to the preparation of an eviction plan for the unjustified users of the Gram Panchayat/Gram Sabha land in light of the Hon’ble Supreme Court’s recent directive

Re: Chief Secretary, Jharkhand Letter no. 1039, dated 19.04.2011

Dear All,
This is to inform you that in light of the Hon’ble Supreme Court’s decision on the Civil appeal No. 1132/2011, dated 28th January 2011, the Chief Secretary, Jharkhand has issued an order to evict the unjustified/illegal users of the Gram Sabha/Gram Panchayat land, after issuing a show cause notice and undertaking proper hearing. A plan is required to be prepared to implement this order, the format of which is being provided as Annexure. Hon’ble Supreme Court has also issued a directive that in exceptional cases, like the land arrangements made for the Scheduled Caste/Scheduled Tribes/ Landless Labour, or the land having a running Hospital/School/Public Utility Facility, regularization of such categories of land would be acceptable.

The extract of the Hon’ble Supreme Court’s decision is being provided with this letter for an easy reference.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1132 /2011 @ SLP(C) No.3109/2011

(Arising out of Special Leave Petition (Civil) CC No. 19869 of 2010)

Jagpal Singh & Ors. .. Appellant (s)

-versus-

State of Punjab & Ors. .. Respondent (s)

……….. “Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all 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 occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.”

It is directed to ensure sending the applications in the provided format by the afternoon of 25th April 2011, so an affidavit in this regard may be submitted by the Chief Secretary, Jharkhand in the Hon’ble Supreme Court.

Yours Faithfully,

Deputy Commissioner, Pakud

Note: This is an free hand translation copy for information/reference. For authentic copy please refer to http://pakur.nic.in/Office_Order/Circular_2011/MISC/letter336.pdf