Ensure Redressal of Pending Cases in 3 Months, Staff Told

Tribune News Service | Mohali|  October 15, 2017

While tightening noose around those possessing panchayati lands illegally, the Secretary of Rural Development and Panchayat Department directed the staff to ensure the redressal of all pending cases within three months under the Punjab Panchayati Raj Act and Punjab Village Common Lands (Regulation) Act, 1961.

Issuing directions, Anurag Verma, Secretary of the department, said the warrant to possession should be issued after following the proper procedure as per law within one month of issuing the eviction notice and then possession should be taken within one month after coordinating with the Revenue Department.

Verma said checking at offices of District Development and Panchayat officers would be conducted after November 15 and if any kind of dereliction would be noticed for non-issuance of warrant to possession as per above said timeline, then the District Development and Panchayat Officer and Block Development and Panchayat Officer concerned would be held responsible.

“Checking regarding cases found pending beyond December 15 and regarding implementation of the possession notice would be carried out and if any case found pending beyond three months or if found that the implementation of the possession notice is pending beyond the prescribed timeline, then the officer concerned would be held responsible,” the Secretary said.

Verma said while conducting an inquiry of the Gram Panchayat, Teeda Block, Majri District, it was noticed that the officials concerned took over five years to resolve a pending case under Section 7 of the Act. Besides, it was also noticed that the eviction notice was issued by the District Development and Panchayat Officer, Mohali, on June 6 last year but even after a lapse of 18 months, possession was not taken by issuing warrant to possession.

He said during the checking of the District Development and Panchayat Office, Kapurthala, it was found that an eviction notice was issued for a 1790-acre land of which warrant to possession was issued only for 446 acres and actual possession was taken for only 80 acres.

OFFICIAL SPEAK

Issuing directions, Anurag Verma, Secretary of the Rural Development and Panchayat Department, said the warrant to possession should be issued after following the proper procedure as per law within one month of issuing the eviction notice and then possession should be taken within one month after coordinating with the Revenue Department.

Source : http://www.tribuneindia.com/news/chandigarh/ensure-redressal-of-pending-cases-in-3-months-staff-told/482931.html

Bajwa orders eviction of encroachments from village pond lands

Sun, 2 Jul 2017-07:52pm , PTI

Punjab Rural Development and Panchayat Minister Tript Rajinder Singh Bajwa today issued instructions to the officials of his department to remove the illegal encroachments from the village pond lands.

He also directed them to ensure a proper maintenance and utilisation of the ponds.

The minister ordered the officials to restore status quo ante (the previously existing state of affairs) after getting the records of the pond lands from the Revenue department.

The lands should be marked on the basis of the records and the illegal encroachments should be removed from them, he said here in a statement.

Bajwa said it was because of these encroachments that there were no outlets for the drains, leading to disputes among the people over the dirty, stagnant water.

He also asked the officials to explore the possibilities of treating the sewage water for irrigation and added that the treated water could be supplied to the fields by installing solar-powered pumps in the ponds, for which the government was providing an 80-per cent subsidy.

The ponds could also be used to harvest rain water as currently, the only outlet for the rain water were drains which resulted in its wastage, the minister said.

"Rain water harvesting will also help raise the sub-soil water level," he added.

(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)

http://www.dnaindia.com/india/report-bajwa-orders-eviction-of-encroachments-from-village-pond-lands-2490219

GOVERNMENT OF ANDHRA PRADESH Panchayat Raj & Rural Development Department – Rules relating to Andhra Pradesh Gram Panchayat (Protection of property) Rules – Orders

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Panchayat Raj & Rural Development Department – Rules relating to Andhra Pradesh Gram Panchayat (Protection of property) Rules – Orders – Issued.

---------------------------------------------------------------------------------------------

PANCHAYAT RAJ AND RURAL DEVELOPMENT (Pts.IV) DEPARTMENT

G.O.Ms.No. 188                                                                                Dated: 21^st July, 2011

Read the following:-

1. From the Hon’ble Supreme Court of India, Order dt.28.1.2011 in Civil Appeal No.1132/2011 SLPC.No.3109/2011 filed by Jagpal Singh and others versus State of Punjab and others.

2. From the CPR&RE, Hyd., D.O.Lr.No.2920/ CPR & RE/D2/2011, dt.2.4.2011 and Letter dt.17.05.2011.

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ORDER:

The Hon’ble Supreme Court of India, in its order dated 28.1.2011 in Civil Appeal No.1132/2011 @ SLP C.No.3109/2011 filed by Jagpal Singh and others versus State of Punjab and others has given directions to the all the State Governments that the State Governments to prepare scheme for eviction of illegal / unauthorized occupation of Gram Sabha / Gram Panchayats / Poramboke / Shamlat lands and the same should be restored to the Gram Sabha / Gram Panchayat for the common use of villagers of the Village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving him/her a show cause notice and a brief hearing. Keeping in view said judgment of the Hon’ble Supreme Court of India, the Government have examined the matter in accordance with the provisions of the Andhra Pradesh Panchayat Raj Act’1994 (Act No.13 of 1994) and decided to issue the following rules.

The following Notification will be published in the Extra Ordinary Issue of the Andhra Pradesh Gazette, Dated 22.07.2011.

N O T I F I C A T I O N

In exercise of the powers conferred under sub-section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act’1994 (Andhra Pradesh Act No.13 of 1994), the Governor of Andhra Pradesh here by makes the following rules.

R U LE S

1. Short title:-

(i) These rules may be called the Andhra Pradesh Gram Panchayats (Protection of property) Rules, 2011.

(ii) These rules shall come into to force with immediate effect.

2. Classification of Gram Panchayat properties:-

(1) The lands belonging to Gram Panchayats shall be classified into three categories as follows:-

(i) CATEGORY- A: OWN AND ACQUIRED

All general roads and drains, cattle pounds, cattle sheds, common market areas, 10% open spaces in layouts, existing parks, lands purchased by the Gram Panchayats.

(ii) CATEGORY–B: GIFTS, DONATIONS, TRANSFER OF LANDS to

Gram Panchayats.

(iii) CATEGORY–C: VESTED WITH GRAM PANCHAYATS

All public water works, All public water courses, Springs, Reservoirs, Tanks, cisterns, Fountains, Wells, Stand Pipes and other water works (as per section 80 of Andhra Pradesh Panchayat Raj Act) Minor Irrigation Tanks, Tank bunds and all water bodies and vested porambokes (Grazing Lands threshing floors, Burning and Burial grounds, cattle stands, cart stands topes.

(2) The Gram Panchayats shall keep on accumulating properties (category A & B) year by year perpetually, as and when new Layout plans are approved in Gram Panchayat area.

(3) In respect of lands identified under categories A & B, the responsibility of protection of such lands lies solely with the Gram Panchayat.

(4) In respect of category ‘C’ lands, the Protection of such lands lies not only with Gram Panchayat but also with Revenue Department.

3. Procedure to be followed for protection of Gram Panchayat Properties:-

(a) Preparation of inventory:

(i) The executive authority (Panchayat Secretary) of the Gram Panchayat shall prepare inventory of landed properties of the Gram Panchayats based on FMB (Field Measurement Book) / FSA (Field Survey Atlas) and field inspections.

(ii) District Collectors shall instruct the Tahsildars to provide the above information to the executive authority (Panchayat Secretary).

(iii) Web based solutions may be evolved over a period of time to locate Gram Panchayat lands in the public domain.

(b) Validation in Gram Sabha and Gram Panchayat:

(i) After obtaining the land inventory details the executive authority (Panchayat Secretary) shall convene Grama Sabha and validate the information.

(ii) Later the Gram Panchayat shall convene its meeting to discuss and approve the land inventory details by passing a resolution.

(iii) If any objections are received in the Grama sabha and Grama Panchayat meetings, the same shall be settled as per the recorded evidence.

(c) Gazette publication and placing in web:

(i) The Gram Panchayat land inventory details approved by the Gram Panchayat shall be published in the District Gazette.

(ii) The information published in the district Gazette may be placed in the web domain and updated from time to time.

4. EVICTION OF ENCROACHMENTS:

(i) Where it is brought to the notice that any property of the Panchayat is under occupation of any persons the Executive authority (Panchayat Secretary) shall serve a notice to the party concerned and give a brief hearing before proceeding for eviction.

(ii) Suitable orders shall be passed by the Executive authority (Panchayat Secretary) before actual eviction takes place.

(iii) The Divisional Panchayat Officer will conduct a monthly review of these cases for protecting Gram Panchayat properties in his jurisdiction through monitoring the process of eviction. He will also give periodical reports to District Panchayat Officer, who will review the cases once in two months.

(iv) The Executive authority (Panchayat Secretary) may take necessary assistance from the police as per section 139 of the Andhra Pradesh Panchayat Raj Act’1994.

(v) The evicted property of the Gram Panchayat shall be protected by making fencing or by constructing a compound wall depending on the value of the property and by displaying a notice board.

(vi) A permanent register on encroachment of Panchayat properties shall be maintained in all Gram Panchayats and the same will be validated in the Gram Sabha and Gram Panchayat meetings at least twice in a year.

(vii) Aggrieved parties may file representations to the Executive authority (Panchayat Secretary) concerned by marking a copy to the Divisional Panchayat Officer.

(viii) The petitions filed by the aggrieved parties will be monitored and disposed of by the Divisional Panchayat Officer / District Panchayat Officer.

5. ADMINISTRATIVE ARRANGEMENTS :

A separate cell at district level in the Office of the District Panchayat Officer by name Gram Panchayat (Protection of properties) shall be constituted to monitor and protect Gram Panchayat properties from time to time.

6. The supporting staff for taking up these activities at the Divisional Panchayat Office / District Panchayat Office shall be provided as per necessity, from out of the available Junior Assistants to assist the Divisional Panchayat Officer / District Panchayat Officer in the eviction process from time to time.

7. At District level a High Power Committee shall be constituted with the following Officers to meet every three months and review the progress of identification and removal of encroachments.

1) District Collector – Chairman

2) Joint Collector – Member

3) Superintendent of Police – Member

4) Superintending Engineer (P.R) – Member

5) Superintending Engineer (R&B) – Member

6) Superintending Engineer (Irrigation) – Member

7) Assistant Director (Survey & Land Records) – Member

8) Assistant Director (Mines) – Member

9) District Panchayat Officer – Member Convenor

8. At Commissionerate level, a Vigilance & Enforcement Wing shall be constituted with Additional Commissioner / Deputy Commissioner to protect the Gram Panchayat properties and to monitor the activities of district level Cells.

9. Regulation of any matter:-.The Commissioner, Panchayat Raj and Rural Employment shall be the final authority in regard to the regulation of any matter arising out of the application of these rules.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. RAJIV SHARMA

PRINCIPAL SECRETARY TO GOVERNMENT

To

The Commissioner, Printing, Stationery and Stores Purchase, Chanchalguda, Hyderabad (with a request to publish in the Gazette Notification and furnish 500 copies immediately)

Copy to:

The Commissioner, Panchayat Raj and Rural Employment, A.P., Hyderabad.

All the District Collectors in the State.

All the Chief Executive Officers, Zilla Praja Parishad in the State.

All the District Panchayat Officers in the State

The P.S. to Special Secretary to C.M

The P.S. to Minister (PR&RWS)

The P.S. to Minister (Finance)

The P.S. to Special Chief Secretary to Govt. (Finance)

The P.S. to Principal Secretary to Govt. (PR)

Sc/Sf.

//FORWARDED::BY ORDER//

SECTION OFFICER

http://priswg.com/pr/pdfs/188-2011.pdf

CM orders Vigilance probe

Pradeep Sharma
Tribune News Service
Chandigarh, June 26

The alleged payment of over Rs300 cr as compensation to certain individuals for shamlat land in Panchkula district acquired by the Haryana Urban Estates Department for HUDA has come under the vigilance scanner.

Chief Minister Manohar Lal Khattar today ordered a vigilance inquiry to investigate the irregularities committed in the disbursement of compensation for shamlat land (common land) of various villages from 1998 to 2013. The vigilance inquiry would establish whether the shareholders of shamilat land were entitled to compensation or not, official sources said.

The Chief Minister's Office (CMO) seems to have acted on a report sent by Sanjeev Verma, Zonal Administration, Haryana Urban Development Authority-cum-Additional Director, Urban Estate (ADUE), Panchkula, who reported that the payment of compensation in respect of shamilat land have been made to individuals without any order from the Collector (Deputy Commissioner) under the Village Common Land Act from 1998 to 2013. The villages in question included Nada, Maheshpur, Chowki, Saketri, Rampur Siyudi, Rajjipur, Surajpur, Manakpur, Nanakchand, Manakpur Thakurdas, Lohgarh, Dhamala, Firojpur, Rattpur, Islamnagar, Bhagwanpur and Nangal Sodian.

The total acquired shamilat land failing in these 18 villages works out to 375.88 acre and the compensation thereof amounts to Rs373.15 crore. A compensation of Rs57.74 crore is yet to be disbursed.

As per the report, there is violation of the provision contained in Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961, as the District Collector, who is competent to adjudicate the claim in a suit filed before him pertaining to right, title or interest in any land or other immovable property vested or deemed to have been invested in Panchayat under this Act.

As per Rule 71 of the Punjab Land Revenue Rules "List of co-shares shall not be prepared and supplied without the previous sanction of the Collector unless required in connection with a revenue civil or criminal case."

The ADUE said in his report that compensation and enhanced compensation had wrongly been paid to the individual shareholders without any order from the Collector under the Village Common Land Act. As per many judgements passed by the High Court and Supreme Court wherein it has been held that shamlat land vests in gram sabha/gram panchayat, the compensation or enhanced compensation should have gone to the respective gram panchayat or Municipal Corporation, Panchkula, or the matter should have been referred to concerned courts.

Verma stumbled on the alleged scam when he was reportedly going through 80 pending applications for the allotment of plots under the oustees' policy against shamlat land. Vivek Atray, Panchkula DC, later ordered an inquiry into the matter.

Public lands, private gains

• Individuals allegedly pocketed compensation money for acquired shamlat land
• The total acquired shamlat land in 18 villages is 375.88 acres
• The total compensation amount Rs.373.15 crore; Rs.57.74 crore yet to be disbursed.
• Payment of compensation for shamlat land allegedly made to the individuals without any order from the Collector under the Village Common Land Act from 1998 to 2013.

http://www.tribuneindia.com/news/haryana/cm-orders-vigilance-probe/98990.html

Scheme for eviction of encroachment of common lands, Government of Jammu and Kashmir

Government of Jammu and Kashmir

Civil Secretariat, Revenue Department

Subject:- Scheme for eviction of encroachments on common lands

Reference: Cabinet Decision No.188/23/2011 Dated: 19-10-2011

Government Order No.: Rev/Lit/218 of 2011

Dated: 28-11-2011

1  1.  Whereas, the Hon’ble Supreme Court vide order/Judgement dated: 28-01-2011, passed in Civil Appeal No. 1132/2011 titled Jagpal Singh vs. State of Punjab and other directed as under:

“… All the State Governments in the country shall prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Paramboke/Shamlat Land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of the villagers of the village. For this purpose, the Chief Secretaries  of all the 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 occupants, after giving him a show cause notice  and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon on political connections must not be treated a justification for condoning this illegal act or for regularising the illegal possession. Regularisation should only be permitted in exceptional cases, eg where lease has been granted under some Government Notification to landless laborers or members of Schedule Casete/Schedule Tribes, or where there is already a school, dispensary or other public utility on the land.”; and

2. Whereas, in conformity with the aforementioned directions/observations of the Hon’ble Supreme Court, deliberations/consultations were held by the Chief Secretary with the other senior officers (Administrative Secretaries) of the departments of Revenue, Planning, Forest, General Administartion, Rural Development Department and Law; and

3. Whereas, under Jammu and Kashmir Land Revenue Act, samvat 1996 and the Jammu and Kashmir Common Lands Act, 1956, Deputy Commissioners and Tehsildars, that is, Collector and Assistant Collectors of 1^st Class are empowered to evict the illegal occupants from the State land/Kahchari land and on common lands by adopting due course of law; and

4. Whereas, for effective implementation of the Hon’ble Supreme Court orders and the provisions of the Jammu and Kashmir Land Revenue Act, samvat 1996 and the Jammu and Kashmir Common Lands Act, 1956, a comprehensive scheme is required to be formulated to provide for eviction of illegal/unauthorised occupants of such land;

Now, therefore in compliance of the directors of the Hon’ble Supreme Court of India in Civil Appeal No. 1132/2011 titled Jagpal Singh Vs. State of Punjab and others and the powers conferred by the Jammu and Kashmir Land Revenue Act, Svt. 1996, the Jammu  and Kashmir Common Lands (Regulation) Act, 1956 and other relevant provisions of law in force in the State, the Government thereby formulates the following scheme for removal of encroachment on common lands, non-partible Shamlat Lands, Kahchrai Lands and lands meant for pathways, ponds, storing grains, water bodies, passages, cremation grounds and other common  use of the people  of the villages and also for eviction of illegal/unauthorised occupants of such land namely:-

1. Name of the scheme and its commencement – (1) This scheme maybe called “The Jammu and Kashmir Eviction of Unauthorised Occupants (from common Land) Scheme, 2011”.

(2) It shall come into force from the date of its issuance.

2. Definition – In this scheme, unless the context otherwise requires, the words and terms used in it shall have the same meaning as respectively assigned to them under the provisions of the Jammu and Kashmir Land Revenue Act, Svt. 1996, the Jammu and Kashmir  Common Lands (Regulation) Act, 1956.

3. Identification of encroached land – (1) The Deputy Commissioners of the concerned districts, shall identify the encroachments on common lands/non-partible land Shamlat lands, Kahchrai Lands and lands meant for pathways, ponds, storing grains, water bodies, passages, cremation grounds and other common use of the people of the villages.

(2) They will be directly responsible for the implementation of the scheme and are authorised to obtain the assistance of such other departments, organisations or agencies of the Government as may be necessary for the purpose.

(3) The concerned Block Development Officer shall also be responsible for identifying the encroached land belonging to Panchayats and report to the Deputy Commissioner concerned forthwith for its eviction.

4. Preparation of list – Based on the information collected by the Deputy Commissioners of the concerned districts, the assami-wise/case-wise list will be completed within a period of three months. The lists shall be submitted to the Divisional Commissioners concerned and Financial Commissioner Revenue for information and record. The lists shall contain details as per the format to be prescribed by the Financial Commission, Revenue.

5. Eviction – After identification of these illegal encroachments of lands mentioned heretofore, the concerned Revenue Officers shall start eviction of illegal occupation of such lands under the provisions of the Jammu and Kashmir Common Lands (Regulation) Act,1956 and notifications issued from time to time on the subject.

6. Notice – Before initiating proceedings under this scheme, the illegal occupants shall be given a show cause notice of fifteen days by the concerned Revenue Officer as to why the proceedings of evictions under this Scheme be not initiated against them and also to produce an oath (Affidavit) documentary evidence in support of their claim, if any.

7. Hearing  - No order of eviction shall be passed by any revenue officer unless the illegal occupant is provided an opportunity of being heard and consideration of documents produced in support of his claim.

8. Order of Eviction: (1) Any revenue officer may, after following the procedure laid down under clauses 6 and 7 of the Scheme, pass an order for eviction of the unauthorised occupants of such land.

(2) Nothing shall prevent the said officer from passing an order of eviction in case the illegal/unauthorised occupant fails to appear before the court within the prescribed time or does not submit any sufficient document in support of his claim.

9. Possession – On eviction of unauthorised occupants, the Deputy Commissioner or the revenue officer shall handover the possession of land to the concerned Halqa Panchayat or the competent authority under law and make proper entry thereof in the Revenue records.

10. Targets – (1) The Deputy Commissioner concerned shall assign monthly targets to each Tehsildars regarding eviction of such illegal occupants and for prevention of such encroachments on common land/non-partible Shamlat land, Kachrai Lands and lands meant for pathways, ponds, storing grains, water bodies, passages, cremation grounds and other common use of the people of the villages.

(2) All Revenue Officers/Officials, of and below, the rank of Assistant Commissioner, Revenue Concerned shall be responsible for implementation of the Scheme within their respective territorial jurisdictions in letter and spirit and any dereliction thereof on their part shall invite disciplinary proceedings against them.

11. Monitoring – The process of removal of illegal encroachment shall be monitored by Financial Commissioners concerned at Divisional level and Deputy Commissioner concerned at District level. They shall submit progress report to the Government on quarterly basis through Financial Commissioner.

12. Public Awareness – (1) It shall be obligatory on the Deputy Commissioners of the Districts to make the general public aware through revenue officers about the encroachment on common lands of the villages through electronic and print media.

(2) The public should also be informed that any such encroachment on common lands is in contravention of the law and the directions of Hon’ble Supreme Court and that any violation will attract action under law. Print and electronic media shall be used for this purpose.

(3) The list prepared under clause  4 of the Scheme will get displayed on some conspicuous place in the office of Deputy Commissioner an published  in atleast two local dailies having vide circulation in the area.

13. Review – The implementation of the Scheme will be reviewed by the Financial Commissioner on quarterly basis.

14. Miscellaneous – (1)                 The Scheme shall be forwarded by all the Revenue Officers within their respective territorial areas in letter and spirit without any laxity or deviation.

(2) Non compliance or laxity will be viewed seriously.

                                By Order of the Government of Jammu and Kashmir.

Sd/-

Commissioner/Secretary to Government

Revenue Department

Dated: 28-11-2011

No: Rev/Lit/12/2011

Copy to the: -

1. Administrative Secretary__________

2. Financial Commissioner (Revenue) J&K, Jammu

3.Principle Secretary to the Hon’ble Chief Minister.

4. Divisional Commissioners Jammu/Kashmir.

5. Deputy Commissioner__________

6.Director Information Jammu/Srinagar.

7. Special Assistant to the Hon’ble Revenue, Relief and Rehabilitation Minister

8. Special Assistant to the Hon’ble Revenue of State

9. Private Secretary to Commissioner/ Secretary Revenue.

10. Govt. order file/stock file.

Under Secretary to Government

Revenue Department

http://www.jkrevenue.nic.in/pdf/Orders/GO_218-2011.pdf

Govt. Of Orissa - Clarification regarding change of classification of land classified as communal

The Additional Chief Secretary to the Government, Revenue and D.M. Dept., Government of Orissa has issued a Clarification regarding change of classification of land classified as communal. This clarification has been issued after queries have been raised on whether permissive possession can be accorded for  utilisation of land recorded as communal or Sarbasadharana in the settlement records in the context of the Supreme Court ruling in the Jagpal Singh Case.

In its clarification dated 27th August, 2014, the Government has issued guidelines that shall be followed in the matter concerning lands classified as communal or Sarbasadharana in the settlement records. 

The said clarification is appended below. 

The order from government of Maharashtra over Supreme Court Judgment regarding removal of encroachment over common lands

This is a translation of the  order attached at the end.                                                                                                   

July 12, 2011

1. Since British era certain land in the villages have been vested with the Gram Panchayat for common purposes, such as grazing, threshing, for festivities, graveyards, footpath, as village ponds etc. The entitlement rights are vested with the gram Panchayat. Recently the unauthorized usage of such land has increased tremendously. It is affecting the basic rights of the villagers and resulting in shortage of availability of the land. It brings strain on village resources in fulfilling of the basic necessities of the villagers. Encroachment on the common land, unauthorized construction and unauthorized usage are affecting village grazing land and land under other common uses.

2. The grazing land is usually vested or entrusted with the Gram Panchayat. While often such land is being utilized for building religious structures, commercial constructions are allotted to people with vested interests. No actions are taken against it either by the Gram Panchayat or by the revenue department. These results in less or no land remaining for common purposes.

3. The procedure for the allotment of the grazing land has been defined with the revenue and forest department, government order no. 1078/2616/777/G-2, dated 6.3.1984. According to the order, the land under grazing can be considered to be diverted to other purposes only in case when there is no other land available and the land under grazing is not falling below 5% of the total land under cultivation.

4. In the milieu of these provisions the allotment of the land for basic necessities such as water supply, health centers, school or state/centre sponsored energy projects became cumbersome. Hence a new government order revenue and forest department no land 1019/1017/P.N.- 59/J-1, dated 28.6.1999 was passed stating, 

 

“In order to achieve a holistic development of the village, if the land is required for the provision of water supply, school, health center, energy supply and if there is no other government land available with the village, in such cases if there is no land available for diversion then the provisions for the land under grazing not falling below 5% of the total land under cultivation can be relaxed in order to avail the land. While doing so, the relaxation of the provision needs to be specifically mentioned in the Gram Panchayat resolution which needs to be approved / recommended by the executive officer of the concerned Zilla Parishad.”

5. According to Revenue and Forest department Government order No land 08/2008/P.N.113/J-1, dated 28.5.2010, it is mandatory to mention the Gram Sabha resolution along with Gram Panchayat resolution while diverting the land under grazing.

6. According to the order dated 28.11.1911, the encroachments on the common land by the backward class or other landless class made between 01.04.1978 to 14.05.1990 shall be regularized while the other unauthorized encroachments shall be removed.

7. The Supreme court judgement dated 28.01.2011 in case of civil appeal no 1132/2011@SLP(C) 3109/2011 Jagpal Singh and others Vs. State of Punjab and other cases regarding the land entrusted with the Gram Panchayat for the common purpose usage can be read as follows –

a. The common village land and grazing land are in custody of villages since ages and have been observed for multipurpose uses. For instance, providing drinking water to the cattle, ponds for washing, as seasonal food storage, roads, footpath, playing ground, recreation, circus, Ramlila ground, parking of bullock cart, water resources, open spaces, grave yard, cremation ground etc. while its entitlement rights were reserved with the government. In order to preserve their utility as the common lands they were classified as inalienable. Even though in certain exceptional cases, the land was complied to allot to the landless labourer, people from schedule caster/tribes etc. The villagers common land rights were preserved deliberately and declared so by elaborating “though the entitlement of such land lies in hand of government, the common usage rights of people are safeguarded.” While the anti social elements have used the muscle, fiscal as well as political power to acquire such land. Hence a plan of action shall be prepared with immediate effect to remove all the encroachment on the common land and it shall be handed over to the Gram Panchayat for public utility.

b. In connection with this plan the encroachers shall be issued a show-cause notice to be followed by a fast track hearing and the encroachment shall be removed immediately.

c. The structures under encroachments can’t be legalized or protected due to long existence or large expenditure over its construction. And such activity shall not be regularized.

d. The already existing constructions made with the directives of the government order in concern of landless labourers or scheduled castes / tribes, school, health centers and constructions of public utility shall be excluded from this action.

In this concern government has taken following steps in accordance with the Supreme Court judgment.

8. In accordance with the Honorable Supreme Court Judgment, the government is issuing orders to the Local Self government (Gram Panchayat, Nagar Palika, Nagar Parishad etc) to prepare an action plan to remove the encroachment on the common village lands or grazing land even if the structure has bear a large expenditure or existing since a long time as per the above mentioned provision from Paragraph 7(4). The concerned Tehsildar, Public Work and department and police administration shall contribute to this program to every possible extend. All concerned departments shall look into it as a social responsibility and ensure that such encroachment shall not take place in future.

9.a. In future grazing land shall be used only for the programs of public utility and public purposes undertaken by the state or central government that too only in case when no other land is available.

b. The grazing land shall not be allotted to any person, private institute or organization for any purpose.

c. While allotting land under provision no (2), observe following conditions –

i. A specific resolution to be passed by the Gram Sabha as well as Gram Panchayat approving the diversion of the land use.

ii. The said resolution shall be approved by the chief executive officer, Zilla Parishad.

iii. The Bonafide Area requirement shall be verified while diverting the land and hence the proposed plan and maps shall be accompanying the proposal.

d. In case of confusion in concern of public purpose and public utility consult the state government.

e. The case of diversion in usage of grazing land as well as the land vested with the Gram Panchayat shall be verified carefully to insure the following of procedures in accordance with the Hon. Supreme Court orders.

This GR has been issued in consultation with the rural development dept, law and order dept.

This GR has been published on the website of Government of Maharashtra with the code no 2011713162106001.

By order and name of Governor of Maharashtra

                                                                                      S.S. Kshatriya

                                                  Chief Secretary, Revenue and Forest department

Copy of the scanned order