‘WHERE’S GAUCHAR LAND TO FEED CATTLE?’

12 May, 2018| Ahmedabad Mirror

Accusing the State government of failing to do anything for gauchar (grazing) land in the State, Congress MLA Alpesh Thakor on Friday demanded that it declare a gauchar policy and act quickly to remove encroachment on such land in Gujarat. He also alleged that the government was selling off gauchar land to businessmen. Citing the 2012 livestock census, he said, “There are 99.38 lakh cows, 1.03 crore buffaloes, 49.58 lakh goats and 30.32 lakh camels in the state owned by 2crore Maldhari families and nothing is being done for them.”

Venting his ire on the animal welfare board, he asked, “It was set up in 2013 but when do the members meet? Do they even meet? Nobody knows because their work certainly can’t be seen.” He remarked that while the number of livestock was increasing, gauchar land was decreasing. Quoting figures presented in the Assembly, Thakor said that against the requirement of 23,37,367 hectares (ha )of gauchar land, only 17,81,114 ha was available for cattle across the state, a deficit of 5,56,253 ha, which was adversely affecting the Maldhari (cattle herder) community members as they were unable to provide fodder for their cattle, Thakor said.


Talking about Maldharis in Banaskantha, Thakor said, “The poor cannot provide for their cattle and this government is not doing anything to help them. Owners of more than 500 out of the 629 panjrapoles in the state are in debt.” He pointed out that the state government said a year ago that 2,600 villages were without any gauchar land and this year it said that number had gone up to 2,754 villages. “If this is the state in one year, I dread the future,” he said. “There is no policy on gauchar land and its protection, which the government must declare at the earliest,” said Thakor. 

The poor cannot provide for their cattle and this government is not doing anything to help them. Owners of more than 500 out of the 629 panjrapoles in the State are in debt
-Alpesh Thakor, Congress MLA

Again rattling off figures from the Assembly, he said that 4.7 crore sq mt of gauchar land was encroached upon. “Does the government want to remove this encroachment?” he asked. Thakor said that after 15 days, the Congress, Thakor Sena and Ekta Manch would begin Gauchar Bachao Abhiyan, file a PIL and march to Gandhinagar if the government does not pay heed them. Announcing the immediate plan, he said that on Saturday, they will demand answers from Gauseva Aayog on their work. Later, on Monday, the Thakor Sena will offer prayers to cows with Gangajal at all district collectorates.


http://ahmedabadmirror.indiatimes.com/ahmedabad/others/wheres-gauchar-land-to-feed-cattle/articleshow/64129304.cms

HC appoints IAS officer, 2 others to decide cases

May 11, 2018|Tribune News Service| Chandigarh

The Punjab and Haryana High Court on Thursday appointed a woman IAS officer, Tanu Kashyap, along with two other officers, Hardyal Singh Chatha and Amardeep Singh Bains, for deciding cases related to illegal possession of land on the periphery of the city.

The move comes amid allegations of illegal possession of land by politicians, bureaucrats, senior police officials and other big wheels on the periphery of Chandigarh. Kashyap is posted as the Director, Rural Development and Panchayat Department, while Chatha is Fatehagarh Sahib ADC and Bains is the Deputy Director. The Punjab Government, on a previous date of hearing, had filed a status report by way of an affidavit by the Director, Rural Development and Panchayat, Sibin C.

Among other things, a list was furnished of officers to whom the responsibility of the Collector and
Appellate Authority under the Punjab Village Common Lands (Regulation) Act could be assigned.

The names of the officers were finalised by the Division Bench of Justice Surya Kant and Justice Shekhar Dhawan after seeking consent of senior advocate ML Sarin, assisting the court as amicus curiae.

The matter was brought to the notice of the High Court by Nayagoan resident Kuldip Singh. Accusing a senior police functionary in a land grab bid in Nayagaon, he had sought protection, while praying for the registration of an FIR and a CBI probe into the dealings.

The inquiry was entrusted to the ADGP, after Justice Ranjit Singh of the High Court took cognisance of the matter. Justice Ranjit Singh had asked the ADGP to lay emphasis on Nayagaon, Zirakpur, Mohali, Kansal and the Koraran area. The Judge had added: “It will also need an investigation to see as to what is the source of acquisition”.

http://www.tribuneindia.com/news/chandigarh/hc-appoints-ias-officer-2-others-to-decide-cases/587585.html

VIKAS SAMITI GONER ROAD V. STATE OF RAJASTHAN AND OTHERS.

Rajasthan High Court

Civil Writ Petition (PIL) No. 14191/2012 (November 14, 2013)

K. Ranka Mr. R.R. Sharma, for petitioner.

Instant public interest petition has been filed by the vigilant society of whom the petitioner is a social worker & President of Vikas Samiti Goner Road (East) Ghati Karolan Colonies, Jaipur.

The main grievance of the petitioner for invoking jurisdiction of this Court is that the illegal encroachment is rampant going on over the public land which has been reserved for catchment area for resources of water (pond), situated at Khaniya Bandha, Ghat Ki Guni, Jaipur which was constructed in the year 1899 by the then His Highness of Jaipur for supply of water to the villagers of Goner and nearby villages situated at Agra Road.

His further contention is that the reserved land has been encroached by some of the land grabbers and they have set up residential colonies and as regards the present petitioner, he is fighting with tooth & nail and going from pillar to post by making his complaints to the respective authorities but all his efforts remained in vein and after the legal notice of demand for justice being served, has approached to this Court by filing public interest petition.

As regards the complaints which has been alleged by the petitioner, it pertains to the year 1996/2006 which were made to the respective authorities and after service of legal notice in the year 2012, filed instant public interest petition in this Court.

He has further brought to our notice that Hon'ble Apex Court in Jagpal Singh & Ors. Vs. State of Punjab & Ors., (Civil Appeal No.1132/2011 @ SLP (C) No.3109/2011), decided on 28.01.2011, while taking cognizance of such alike encroachments nearby pond areas, finally disposing of public interest petition observed as under :-

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.

He further submits that in compliance of directions of Hon'ble Apex Court, referred to supra, sent to all the Chief Secretaries of the States, the State Government has also issued circular dt.25.04.2011 but that remains a paper compliance and according to him the respective authority has not given effect to the mandate of law & the circular issued by the State Government and that is the reason for which he has approached to this Court by filing instant public interest petition.

Since the representations/applications made by the petitioner pertain to 1996/2006 and has approached to this Court after serving legal notice in the year 2012, that cannot be considered at this stage, however, we consider it appropriate to grant liberty to the petitioner to make representation in light of the judgment, referred to supra, & in furtherance of the circular issued by the State Government in compliance thereof dt.25.04.2011 apprising of the grievance raised herein to the competent authority, who after due examination, may pass speaking order within three months thereafter and final decision may be communicated to the petitioner who if still feels aggrieved will be at liberty to avail remedy which the law permits to him.

With these directions/observations, the petition stands disposed of.

Source : https://www.casemine.com/judgement/in/53ac609a9d9e4b0149711407

Gyan Prakash Katariya & Ors. vs. State of Rajasthan & Ors. [23.10.2017]

Rajasthan High Court

CW Case No. 2911 of 2015 (23 Oct, 2017)

  

Hon'ble Mr. Justice Dinesh Chandra Somani order 23/10/2017 

(1) Heard learned Counsel for the parties.

(2) Filed in public interest, petitioners desire land comprised in Khasra Nos.1415, 1417, 1420, 1435, 1436/3444, 1437/3445, 1444, 1453, 1458, 1887, 1918, 1919 to 1927 and (2 of 3) [CW-2911/2015] 2151, 2154, 2160, 2169, 2182, 2183, 2185, 2186, 2200, 2207, 2210, 2210/3354, 2211 and 2219 in village Hatupura, Tehsil Dudu District Jaipur to be removed from encroachment. From the pleadings it appears that as per the revenue record the land is Charagaha and is to be used for cattle grazing.

(3) The persons likely to be affected by any directions issued by this Court have filed an application which is lying on number in this Court and is in file. As per the application more than 2500 people are residing on the land in respect whereof relief is claimed in the writ petition.

(4) The applicants belong to Scheduled Castes, Scheduled Tribes and are Other Backward Classes. Alongwith the application they have placed on record photographs of the site as also copies of pattas issued to some of the applicants. The pattas are annexed as Annexure-5. The same show that small parts of the land have been allotted to the applicants comprised in the Khasra numbers in respect whereof relief is prayed in the writ petition. The allotment is for the purpose of residence. Annexed as Annexure-6 to the application are photographs showing that a Government Senior Secondary School, a dispensary and Aanganbadi Centre have also been allowed to run from the land in question. 

The applicants also rely upon an office order dated 25.04.2011 issued pursuant to directions issued by the Supreme Court in Civil Appeal No.1132/2011 concerning change of land use from common grazing land to a residential purpose.

(5) Needless to state that with the increase of population in this country, land is required for habitation and in rural areas the (3 of 3) [CW-2911/2015] only land available would be common village land wherein abadi sides can be earmarked.

(6) We are of the opinion that the issue raised in the writ petition involves questions of fact to be determined in the context of pattas issued to various persons on part of the land in respect whereof relief is prayed for. The only way forward is to direct the Collector in whose jurisdiction the village falls to hold a proper enquiry and ascertain the persons to whom pattas have been issued. If the pattas have been validly issued, and as per the policy land use has been changed, that would be the end of the matter as regards the holder of the patta who would not be evicted. In the said proceedings persons identified to whom pattas have not been issued and are trespassers, would be proceeded against in accordance with law.

(7) So declaring and requiring the Collector to complete the exercise within six months from today we terminate the proceedings in the writ petition.

(8) The writ petition is disposed of.

(9) All pending applications are disposed of as infructuous.

(DINESH CHANDRA SOMANI),J. (PRADEEP NANDRAJOG),C.J.

Source : https://www.casemine.com/judgement/in/59f48395ce686e7375823a3a

On HC nudge, Punjab govt forms panel to free land grabbed by ‘high and mighty’

Sukhdeep Kaur|Hindustan Times|Chandigarh| May 5, 2018

After years of no action, two reports on land grab by the “high and mighty” in the periphery of Chandigarh have been finally dug out. It comes after the Punjab and Haryana High Court told the government, “Our hands are not tied and we will go till the end of the matter.”

The report of Justice Kuldip Singh, a former Supreme Court judge, had named several politicians, police officers and bureaucrats who had grabbed panchayat (shamlat or common) land. The HC had formed a special tribunal under Justice Kuldip but the SAD-BJP regime led by Parkash Singh Badal government challenged it in the Supreme Court. The SC did not stay the operation of the tribunal but, after submitting two interim reports, Justice Kuldip expressed his inability to continue due to health issues. His probe had highlighted land grab in villages such as Nada, Karoran and Bartana in the periphery of Chandigarh to show how record mutations were done in connivance with revenue and panchayat officers.

Now, a cabinet sub-committee formed to ensure maintenance of government assets and lands — it is headed by local bodies minister Navjot Singh Sidhu, and has rural development minister Tript Rajinder Singh Bajwa and revenue minister Sukhbinder Singh Sarkaria as members — has entrusted a panel under Justice SS Saron (retd), who heads the Punjab Revenue Commission, and former director general of police (DGP) Chandra Shekar, who probed land grab by officers in the UT’s periphery, to find out and free government land under illegal occupation.

While the tribunal was set up for all of Punjab, Chander Shekar’s report was a vigilance probe into land deals in and around Chandigarh.

Also Read | Encroached land in Mohali is worth more than Punjab debt: Sidhu

“The HC has asked the Punjab government about the follow-up action on the reports. I had submitted 12 reports after examining revenue records. Nearly 25,000 acres were illegally occupied in Mohali district alone,” Chandra Shekar said, adding, “Going by the average of Mohali, an estimated five to six lakh acres of government land is under illegal occupation throughout Punjab.”

Sidhu said the government would nail anyone found guilty of land grab, “irrespective of clout”. He added, “The Badal government swept everything under the carpet. Two cabinet sub-committees were set up on the matter by the previous regime too, but no action was taken. There was no audit of the land lease agreements too. In some cases, there are no agreements. Land grabbed in Mohali alone exceeds the entire debt burden of Punjab — nearly Rs 2 lakh crore.”

The cabinet sub-committee has asked all departments and every board and corporation for details of land under encroachment, under litigation and that which is not utilised. Mayors of all 10 municipal corporations and a representative each from the revenue, water resources management, local government, rural development and panchayat, forest, and public works (B&R) departments, and the state waqf board will be part of the panel to be headed by Justice Saron.

https://www.hindustantimes.com/punjab/on-hc-nudge-punjab-govt-forms-panel-to-free-land-grabbed-by-high-and-mighty/story-6KHSj0ZY69uRIUSKzWY0OK.html

Gwal Pahari land row: After losing ownership battle, Gurgaon civic body to challenge lower court order

Sukhbir Siwach|The Indian Express| April 27, 2018

Days after losing the legal battle for ownership rights over land worth thousands of crores, the Municipal Corporation Gurgaon (MCG) has decided to challenge the decision of a lower court before the District and Sessions Court.

There has been a four-decade-long battle between government bodies and private owners over the possession of 464.6 acres of land situated in Gwal Pahari Gram Panchayat (now MCG) area close to the Gurgaon-Faridabad road. Gurgaon Civil Judge (Senior Division) Prashant Rana on April 16 had restrained the MCG and the Haryana government from interfering in the peaceful  ownership, possession, construction and use of the suit lands by the plaintiffs (private owners). Further, the plaintiffs were “declared to be owners in possession over their respective suit lands”.

Stating that the order would be challenged, MCG commissioner Yashpal Yadav toldThe Indian Express Thursday that the appeal is likely to be filed next week. According to the MCG, the predecessor Gram Panchayat (Gwal Pahari) was in possession of the common land and now it vests in the corporation.

“The process to draft our appeal is underway. We will tell the court that this is the land of the MCG as it was left as Shamlat Deh (common land) by the villagers way back in the early sixties. Nobody from the original shareholders or village residents of that time challenged the status of this common land. Its status can’t be challenged today,” Yadav added.

The MCG has been claiming that the 464.6 acres of land was earmarked for charand (grazing ground) at the time of consolidation proceedings in 1964-64. However, the court had observed that the “no such government direction has been placed on record which authorised the consolidation officers to earmark 464.6 acres of land out of 1302.5 acres total land of village, for the purpose of a charand”. “In the adjoining state of Punjab, in similar rule… the maximum limit of area to be earmarked for charand was 4 acres,” said the court.

But the MCG officials claim that land area to be left for the common purposes depends on the residents of the village including original landowners. “As per consolidation act, a committee was constituted and the decision for usage of the land was taken by the villagers,” Yadav claimed.

The court of the senior division civil judge had stated, “… the land… is not a Shamlat Deh which could have vested in Gram Panchayat Gwal Pahari, at any point of time or which could have vested in the Municipal Corporation, Gurugram, at any point of time. Thus the defendant MCG has no right, title or interest in the said land, which is owned and possessed by the plaintiffs by way of registered sale deeds, mutations and jamabandis in their favour, which have remained unrebutted during the course of trial.”

However, in their appeal MCG officials are going to challenge these observations. “The issue here is whether the land belongs to Shamlat Deh. Here the ‘title’ of the land is to be decided. In our point of view, this aspect can’t be decided on the basis of only registered sale deeds,” said Yadav.

Quoting revenue records, the court of the senior division civil judge had observed that “the land was described as Shamlat but was never used… for the benefit of the village community…”

“Since the land had changed its agrarian character, after coming in the municipal limits, it is essential that all the stakeholders in the society, including the state and its departments, must realise that a 464.6 acres grazing ground is not required in the heart of the NCR, where the suit land is located,” the court had further further observed. However, MCG officials argue that it depends on the original owners of the land who had spared this land for common purposes whether they want to change the character of the land.

In its appeal, the MCG is likely to challenge those observations of the lower court in which it had observed that “(High Court) order dated 5.2.2010 which reopened the litigation, has been obtained by the petitioner Gram Panchayat, by playing fraud upon the Hon’ble High Court…”

Yadav said, “The MCG did not hide any thing before the Punjab and Haryana High Court at any stage. In our petition, we will challenge the remarks made by the lower court in this regard.”

http://indianexpress.com/article/cities/chandigarh/gwal-pahari-land-row-after-losing-ownership-battle-gurgaon-civic-body-to-challenge-lower-court-order-5153371/