SOCIAL DEVELOPMENT FOUNDATION Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this public interest litigation, the petitioners are contending that the land, being the subject matter of the writ petition, which stands vested in the State as and by way of surplus land in terms of the combined operation of the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, is being distributed in contravention of the provisions contained in the said Acts. According to the petitioners, the land in question should be distributed in accordance with the provisions contained in Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. In support of their contention that the land, being subject matter of the writ petition, is being distributed in contravention of the provision of the said Act, petitioners have sought reliance upon the report of the Lok Ayukta made and published upon, he being approached by the petitioners.

(2.) A look at the provisions of the said Acts and in particular at Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, as it appears to us, obliges the State Government to deal with the surplus land in accordance with the mandate, contained in Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The report of the Lok Ayukta relied by the petitioners do not suggest that the State Government has yet taken any decision to deal with the said land. The petitioners have also not been able to bring on record any decision of the State Government in that regard. The State Government has not filed any counter affidavit, inasmuch as, on the last occasion when this matter was dealt with by this Court, it was felt by the Court that the matter requires determination of a question of law and as such did not give any direction for filing affidavit by the State Government. However, the learned Chief Standing Counsel for the State has also not brought on record even otherwise any decision of the Government to deal with the surplus land, being the subject matter of the present writ petition. In that perspective, we are proceeding on the basis that the State Government has not yet taken any decision to deal with the surplus land being the subject matter of the present writ petition. In the event, the State Government has already taken such decision, we direct the State Government to approach us by filing an application to bring on record such decision, if any, so that the order that is now being proposed to be passed may be modified.

(3.) As stated by us above, it appears to be the mandate of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 upon the State to distribute surplus land in accordance with the provisions contained therein. As would be obedient from the object of the said Act, the purpose thereof was, amongst others, to ensure increased agricultural production, to provide land to landless agricultural labourers and for other public purposes so as to subserve the common good. In order to fulfill the said object, amongst others, it has been provided in the Act that the State Government is required to decide, whether the surplus land, being the subject matter of the writ petition, shall be utilized exclusively for a public purpose, for which the said land could be acquired under the Land Acquisition Act, 1894. In the event, the State Government deciding not to utilize the land in entirety for such public purpose, the said Act mandates the State Government to ensure that each Gram Sabha of the village in the vicinity of the land in question gets in aggregate 15 acres of land for the purpose of planting trees, growing fodder and for such other community purposes, as prescribed by the State Government. Even after using a part of the land for such public purpose, as mentioned above, and after settling such land not exceeding 15 acres for each such Gram Sabha situate in the vicinity of the land in question, if there remains any surplus land, the Act mandates the same to be distributed and while thus distributing the land to follow the mandate of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The land in question vested in the State Government long-long time back. However, the State Government was engaged in a number of litigations for the purpose of taking actual physical possession of the land in question. It appears to us that for such reason the State Government has not yet been able to take a decision as regards distribution thereof in accordance with the mandate of the said Act but at the same time we feel that it is high- time for the State Government to take decision in relation thereto within a reasonable time.