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 )
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