Remove encroachments from water bodies: Rajasthan HC

TNN | Updated: Mar 12, 2019, 14:16 IST 

Jaipur: A division bench of Rajasthan High Court on Monday said that chief minister of Rajasthan is expected to prepare a project aiming at recharging of water bodies , checking deforestation and illegal mining. 

The bench comprising Justice MN Bhandari and Justice BL Sharma while hearing suo motu petition on the revival of Ramgarh Dam , which was once a lifeline for Jaipur , directed the state government to remove all the encroachments from pasture land and water bodies in  villages and sought a compliance report in three weeks.

"It is expected from the chief minister of Rajasthan to prepare a project aiming at checking deforestation , illegal mining and recharging of catchment areas, " the bench observed.

Bench also asked the state government to ensure that directions issued by the court on May 29,2012 have to  be followed. Court during then had issued directions including removal of encroachments from Ramgarh dam area , a remote sensing  survey to find out if any allotment were made around water resources , and if any allotments are found they should be cancelled,water resources department should not allow construction of anicuts without survey , policy to be framed for recharge of catchment area and increase forest area , district level committee to comply with orders and state level central monitoring committee including legal experts , catchment areas having encroachment to be identified and removed , no NREGA work near flowing area of water bodies, residential colonies should not be developed near water bodies, revenue department should maintain water bodies,water resources department should work as nodal agency to remove encroachments , monitoring committee should regularly file its reports , and government should file interim action plan.

During the hearing court observed that no effective measures were taken by the state government to remove encroachments from catchment areas of water bodies. "The pollution control board should take effective action to ensure water bodies may not get polluted. Rajasthan has got biggest area in the country and no compliance of court orders is seen. The state government needs to take the matter of illegal mining and encroachment near catchment area seriously and accountability of officers should be fixed , " the court observed.

Court has also asked people to refrain from approaching revenue court and subordinate court if they find any discrepancies in upkeep of water bodies but allowed them to approach high court . JDC, T Ravikant , Nagaur collector and Ajmer collector were present at the court.

 https://timesofindia.indiatimes.com/city/jaipur/remove-encroachments-from-water-bodies-hc/articleshow/68365737.cms

300 bighas of grazing lands freed from encroachment in Sarwar block of Ajmer, Rajasthan

Source: Punjab Kesari, 26/07/19 

Sarwar (Om Prakash Acharya) : The block administration removed encroachments from 300 bighas of  grazing land in Birla village of Sarwar tehsil in Ajmer, Rajasthan.  The Tehsildaar found 23 people guilty and  sentenced them to 3 months of imprisonment for illegal occupation of 300 bighas of grazing land.

Birla village has around 224 hectares of Charagrah land, 50 hectares of which was encroached  upon for cultivating crops. A couple of people had also fenced some parts of the grazing land and built temporary shelters.

The encroachment of grazing land was causing problems for the  livestock and the village community had been requesting the local officials for removing the encroachments.

 Source: Punjab Kesari

Civic bodies told to make list of encroachments on government land in Punjab

Posted at Aug 6 , 2019 , 7:24 AM : last updated : Aug 6, 2019 ,10:35 AM (IST)

Balwant Garg

Tribune News Service 

Faridkot, August 5

After Sunam MLA Aman Arora flagged encroachments on government land across the state, the Director, Local Bodies, has asked all municipal corporations, committees, councils and Nagar panchayats to submit a list of such properties and names of persons in possession of these properties. 

The civic bodies have been asked to submit details of properties encroached upon. 

In his questionnaire, the Sunam MLA also asked the state government to provide details of any provision or process underway for removing the encroachments. The MLA also sought to know from the state government whether or not it has any plans to regularise the encroachments. 

"Encroachments on government land have been a contentious issue in this area. A list of encroachments has never been compiled nor any effort taken to remove illegal occupation," said Sadhu Ram, president Lok Manch, Kotkapura. 

Properties of civic bodies are covered under the definition of public premises under Section 2(e) of the Punjab Public Premises Land (Rent and Recovery) Act, 1973, and encroachments on lands can be removed under the Act. 

Besides encroachments on the land of municipalities, there is a proliferation of religious shrines that become footholds for illegal settlements. there are also many cases of land grabbing where illegal squatters have encroached on footpath and pavement.

"Most of the encroachers take the plea that land on which their buildings were built were never in possession of the municipalities and they had become the owner of the land by purchasing it from another person. The reality is the municipality is the absolute owner of its land even if it has not taken its possession," said a senior functionary in Municipal Committee Kotkapura.


https://www.tribuneindia.com/news/bathinda/make-list-of-encroachments-on-govt-land-civic-bodies-told/813604.html

Meeting organized for waste land and grazing land development in Karauli

26 July 2019 22:07 PM | Karauli, Rajasthan

Karauli Live

Meeting of wasteland and grazing land development committees was held under the chairmanship of District Collector Abhay Kumar Meena. The meeting was held at the Rajiv Gandhi Jan Facilitation Centre.

In the meeting, the District collector gave directions to the chairman and members of the grazing land development committees for the development and protection of grazing lands. He further ordered the formation of pasture development committees at the block and village level, organizing their meetings every 2 months and mapping and demarcation of the pasture lands in the villages.  All officers were instructed to coordinate and take up planting activities in the pasture and barren land.

In the meeting, Chief Executive Officer, Navaratna Koli apprised everyone of the Government's instructions about the development of the pasture land through MGNREGA. The meeting was attended by the District President, District Development Officer, Chairmen of the grazing land development committees and members and government officials of the district.



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1,742 hectares of gauchar land under encroachment

TNN | Updated: Jul 24, 2019, 12:08 IST

GANDHINAGAR: The state government admitted in the house on Tuesday that about 2,560 hectares of Gaucher land were encroached in the state. Of this, the government has removed encroachment from 764.37 hectares of land, while another 1,742.07 hectare of land is still encroached .

The government said that it has not formed any gauchar encroachment cell, but there is a district encroachment department which is taking care of gauchar encroachments.

During the discussion, Independent MLA from Vadgam Jignesh Mevani alleged that the government had allotted guachar land to many SEZs. He alleged that there has been encroachment on gauchar land in Jamnagar, Bhavnagar among other places as well. The state government admitted in the state assembly that it has given 13.44 crore sq meters of gauchar land, government wasteland and even government land either on rent or has sold the same for industrial development.

https://timesofindia.indiatimes.com/city/ahmedabad/1742-hectares-of-gauchar-land-under-  encroachment/articleshow/70353973.cms

Important submission to the Chief Minister of Haryana on Gauchar Bhumi [29.06.2019]

June 29, 2019

To

Hon’ble Chief Minister

Haryana

Subject: GAUCHAR BHUMI IN HARYANA-SOME IMPORTANT SUBMISSION FOR YOUR GOODSELF

Sir,

Most respectfully, it is submitted as under:

1. a) ‘Gauchar Bhumi Development Board’ should be established on the pattern of Gujarat to have optimum utilization of such land. For this, advise from National Fodder Research Institute, Jhansi may be taken.

b) District-level committees/ Local commission should be formed to monitor such land. Even Justice Katju of Supreme Court has also ordered for constant monitoring.

c) Tribunal should be set up by Hon’ble High Court on the pattern of Panjab to monitor irregularities and eviction of such land. Gauchar Bhumi (The term includes all Gaucharand, Charand, Grazing Land, Pastures, Meadows)

2. Haryana State in 1992 has changed the definition u/s 2(g) of ‘Shamlat Deh’ as defined originally in Panjab Village Common Lands Act, 1961 by including the term ‘Charand’ into it which is against the spirits of ‘shart vajib ul arz’ and ‘chakbandi’ (scheme istemal). ‘CHARAND’ should not be included in ‘Shamlat Deh’ and it should have its separate entity.

3. All common land of village earmarked as ‘Gauchar Bhumi/Charand’ as per ‘shart vajib ul arj’ (1908-10 and later on) and ‘Chakbandi’ (Scheme istemal) (1948-52 and later on) should be evicted of all illegal encroachments by way of following steps:

a) Fast track courts

b) Panchayati Raj Act, 1994 (sec 24)

c) Haryana Public Premises Act, 1972 (sec 4,5,7,8)

d) Panjab Village common Lands Act, 1961 (sec 7(2))

e) Panjab Gurdwara Act (Can be evicted within 45 days) (Panjab Act No. 4 of 1998) 25.1.98

f) IPC Sec 447

g) As per Supreme Court judgements

I. Jagpal Singh & others v/s State of Panjab & others Civil appeal no. 1132/ 2011 decided on 28.01.11 by Justice Markandey Katju

II. State of Jharkhand & others v/s Pakur Jagran Manch & others Civil appeal no. 436 of 2011, decided on 12.01.11 by Justice R.V. Raveendran & Justice H.L. Gokhale.

Following the apex court’s decision, there have been 5 high court orders admitting cases against taking over of village commons or rescinding such takeovers. 29 judiciary pronouncements and 29 government orders on commons have been issued since the apex court order. Rajasthan govt. is bringing a bill in legislative assembly and this was part of CM budget speech in 2011-12. It has already ordered to panchayats in the matter like Maharashtra govt.

Already Chief Secretary, Haryana has written letter to all DCs vide Letter no. SBA1-2012 (42918-38) dated 02.08.2012 in this regard and Principal Secretary, Development & Panchayats Department, Haryana has also written letter to all DCs vide letter no. SBA-4/2013/27542-562 dated 20.05.13.

4. The letter no. SBA-4/2013/27542-562 dated 20.05.13 from Principal Secretary, Development & Panchayats Department, Haryana to all DCs as mentioned above gives an indication that Government is thinking in terms of changing the ‘Land use’ of Gaucharand/Charand by considering the Cattle population of the village and revenue loss of the gram panchayats. Gaucharand/Charand should not be used for any other purpose.

5. There are instances that Gaucharand/Charand land is being used for carving 100 sq. yards plots for weaker sections. As part of vote bank politics in Panchayat elections, Sarpanchs/Panchs pass resolutions in the name of BPL. It has come to notice that already 3000 out of 6155 gram panchayats have passed such resolutions under undue influence. 75% of such plots are expected to be sold later on.

We request you to cancel all such resolutions passed in last 6 months of a panchayat and allot such plots to weaker sections, if any, out of other shamlat lands available in the village. As cattle are not the weaker but the weakest and speechless segment of the society.

6. The Gaucharand/ Charand land presently in possession of Gram panchayat or coming under possession after eviction of encroachments should not be given on ‘Patta’ or ‘Theka’ (Contract or Lease) for cultivation or construction or for any purpose other than grazing. Generally, Sarpanchs/ Panchs dole out such favors to nears, dears, high and mighty. Haryana Gau Aayog should be party to all auctions of grazing lands by panchayats and lease money so received should be spent on live stock only.

7. Optimum utilization of Gaucharand/ Charand land

a) At least (4-5) Cow Sanctuaries cum Rural Development Center should be established covering (4-5) districts each, wherever large chunk of such land (exceeding 500 acres) is available, which will help in breed development of cow and holistic rural development. There are huge chunks of such land available in Thaska village (Hisar), Panipat, Matanhel village (Jhajjar), Yamunanager, Jind etc.

b) Where there is ‘Unfertile’ Gaucharand/ Charand land exceeding 10 acres available,‘GOSADANS’ should be established. Government can give financial assistance to such Gosadans towards fixed, capital and immovable expenditure like boundary wall, shed, office, godown, water works etc.Whereas recurring and movable expenditure will be met by gram panchayat, villagers, NGOs and Gaushalas etc.

c) Where there is ‘Fertile’ Gaucharand/ Charand land is available, this can be used for fodder for the cattle of the village and Gosadan. Triveni trees can be planted. Barbed fencing can be erected and notice board of ‘No trespass’ can be installed to discourage any encroachment.

8. Rule 3(2) of PVCL Act, 1961 mentions 28 types of applications for which Shamlat Deh land can be used. We request you to include ‘Gaushala, Gauvigyan and Sanvardhan Kendra’ also as 29th item.

We further request you that such land be given to Gaushalas etc on 33 years lease@Rs. 1/- per year per Acre under Rule 6(5), wherever Gram Panchayats are willing to do so.

Some other suggestions:

9. Hon’ble Panjab and Haryana High Court order dated 31.07.08 to the government to give Rs. 15/- per cow per day should be implemented. Delhi govt. is already paying Rs. 25/- per cow per day to gaushalas. Rajasthan has allotted 125 crores to Gaushalas recently.

10. All registered gaushalas currently operating in Haryana should be given ownership rights so as to avail grant from Pvt./Govt./Semi Govt. agencies.

11. There should be a complete ban on unconventional and illegal use of cattle feed (eg Tuda, Sarson, Bhusa. Neera, Guar etc.) in Brick kilns and paper & cardboard factories u/s 144 of act.

12. All gaushalas should be given Wheat Straw Reapers free of cost on the basis of Sirsa district.

13. There should be a session trial in Fast Track Courts for all acts of illegal cow transportation under Cow Slaughter Act on the pattern of Rajasthan.

14. The vehicle used in such illegal cow smuggling should be confiscated as done in liquor smuggling cases.

Hoping for a sympathetic response from your good self.

Yours faithfully,

Rakesh Aggarwal.

(ex-member of Haryana Gau Ayog )

A Goan village is on the brink of victory to conserve a century-old lake

 Posted by Pamela D'Mello on 21 June 2019

 A community is actively pursuing the conservation of a Portuguese-era hilltop lake in north Goa.

The reservoir lies in a high-value real estate area which is being eyed by developers for construction projects.

In the latest progress, the citizen’s efforts have led to a consultation that will potentially declare the hilltop natural reservoir as a wetland, protecting it with a buffer zone.

On a rainy day last week, June 12, as cyclone Vayu was pelting rain on Goa, 400 villagers braving inclement weather, gathered at a community hall. They were there for Goa’s first consultation on the potential declaration of a hilltop natural reservoir, as a wetland. The consultation, called by the Goa State Wetland Authority was a hard-fought victory by villagers of Santa Cruz, a suburban area adjoining Goa’s capital Panjim. For the past decade, the people of Santa Cruz had tried every avenue to save their villages’ crowning glory, Bondvol Lake, a 110-year-old natural reservoir that collects rain and spring water over a 9.365-hectare submergence basin. Citizens have been actively pursuing their demand. They have held bike rallies, public meetings, mobilized special gram sabhas, taken awareness treks for school children, filed complaints, accompanied flying squads, photographed and videographed violations and dug into historical archive material to back their court petitions as well as lobbied with panchayat, politicians, and state government offices.

Since 2009, construction firms and land grabbers had stealthily damaged the lake’s drainage (sluice) valves, in a bid to dry out the lake and usurp the land. The natural forests around the lake were surreptitiously felled and kutcha (temporary) roads leading to the lake were constructed at the hilltop site, while goons posted at the site, scared off birders and other common citizens from approaching the lake area.

A community’s heritage

“Bondvol lake is officially owned by the local Calapor Comunidade (an ancient village land-owning institution in charge of common village lands). My great grandfather was one of the original gaonkars (villagers) that helped construct the lake. It has unique natural hydrology that collects rainwater from the hills that surround it on three sides. And on the fourth side, the villagers fortified an earthen embankment. In 1910, colonial authorities put in a valve and a spillway was created to irrigate the fields in the surrounding area,” said Calapor Comunidade attorney Peter Gonsalves (60).

Gonsalves made an impassioned plea to save the lake, at the June 12 consultation, “You can construct buildings. But water is a precious resource, and where we have it, we have to preserve it.”

In 2017, the Calapor Comunidade had moved the Bombay High Court’s Goa bench to seek protection for Bondvol Lake. Another citizen, Arturo D’Souza also filed a public interest petition in the High Court at the same time. While other villagers moved the National Green Tribunal.

“We, the villagers have decided that we will do what it takes to save our community asset, the Bondvol Lake,” said architect and teacher Elsa Fernandes (48).

Villagers became aware of the land mafia mischief at Bondvol, around six years ago, when they observed, using Google imagery, how the lake had degraded and depleted over the years. “Twenty-five years ago the lake was filled to the brim, with 15-meter-high water levels. Bondvol is located on top of a difficult-to-access dense forested hill, in a pristine environment. We knew the level was dropping, but nobody knew why. It was later that we realized it was manmade sabotage. The spillway was damaged and stones and mud in the embankment were being removed and fruit trees were being planted on the embankment itself, so the roots could further damage the dam,” said Fernandes.

A “Save Bondvol Lake” movement got traction in the 6,100-household village in 2016. Alert citizens noticed roads and construction firms gearing up to construct apartments on the lake’s periphery. While on its drying up the bed, a single-tenant was readying to usurp a vast track of the lake’s bed and convert community property to private ownership.

“We petitioned several government authorities, but had to finally approach the court for justice in 2017,” said petitioner Arturo D’Souza.

The High Court ordered the Water Resource Department to repair and refit the lake’s sluice valve. This provoked a community celebration at the site, with young and old turning up in numbers to witness the event. A year later, another celebration was held by villagers, when even in the hottest month of May, the restored valve saw the lake naturally rejuvenate itself. “Earlier, by November end, water would deplete. But last year, there was two meters of water even up to May end,” said Fernandes.In November 2017, the high court set up a task force to enumerate forest trees and demarcate a 200-meter area around the lake for a no-development buffer zone from the water’s edge.

Claiming back their environment

Pressure from villagers saw construction projects for row houses slowly move away. The movement petitioned the collector’s office against felling of trees obtaining a ‘stop work’ order against prominent builders. The last hurdle, villagers say is the claim by a single tenant over large areas of the lake bed. “We think it is illegal”, said Fernandes. The claim though is a case study of how  land mafias have grabbed village common lands and Comunidade land, misusing tenancy laws and backed by politically-connected land lobbies, she opined. What was earlier a tenancy lease from the Comunidade for just four months of the year, on a 550 sq m lot on the upper slopes of the dried out lake for a December-May third cropping season, got permanently formalized by lower courts through ex parte hearings. Finally, attempts were being made to usurp 21,000 sq m of the lake bed, misusing tenancy laws.

Land owning Comunidades were financially and politically hollowed out by post-1961 governments. In 1979, Comunidade members asked the water resource department to maintain the lake. But the WRD’s attempt to conserve the lake in 2009, was thwarted by a court injunction from the sole tenancy claimant. In the controversial pro-realtor 2011 Regional Plan, the area was zoned as settlement, with the construction industry readying to move in. A push back from citizens saw the area now zoned as environment heritage in the 2021 Regional Plan.

The final step for declaring Bondvol as a wetland complex

With the sluice valve repaired, and villagers now vigilant, the Save Bondvol Lake movement is hopeful the waterbody will be declared as a wetland ecosystem, to gain additional environmental protection for their community asset. The June 12 consultation was the first step. But villagers are worried that tenant claimants could still block the wetland declaration, through written submissions before the Wetland Authority Board.

The conservation of Bondvol was backed by the February 2018 Task Force on Bondvol Lake report. This underscored its qualification not just as a wetland in itself, but as a wetland complex, along with its downstream water bodies and conduits. The Task Force endorsed taking an ecosystem approach for Bondvol, mapping trees, shrubs and grasses and calling for the protection of the forested slopes outside the NDZ in the 2 square kilometer catchment area of the lake as well.

“We have our fingers crossed,” said Arturo D’Souza, as the Goa State Biodiversity Board conducts the seven days hearing of objections, before preparing and placing the Brief Document for its declaration as a wetland ecosystem before the state board for approval.

Article published by Aditi

https://india.mongabay.com/2019/06/a-goan-village-is-on-the-brink-of-victory-to-conserve-a-century-old-lake/

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[1] The above news clipping is not related to the judgement on commons ,(Civil Appeal No. 1132/2011 @SLP(C) No. 3109/2011 ) however it has been added here due to its relevance to Commons .