VISHWANATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHETHER a Government estate can be reserved for members of the Scheduled Castes/Scheduled Tribes communities to the exclusion of the rest of the population, including other socially backward classes, is the significant question which arises for decision in this case.

(2.) THERE are 36 petitioners in this writ petition. They are landless and except petitioner no. 35 Suran Singh, they all belong to 'Other Backward Class' category. They are aggrieved by the decision of the State Government to reserve the lands lying on the flanks of Sone Canal, called 'Chat lands' in the local parlance, for members of the Scheduled Castes (SC) and Scheduled Tribes (ST). The decision has been communicated by the Commissioner & Secretary, Water Resources Department of the State Government under his D.O. letter No. 1255 dated 22.4.93. Copy of the said letter has been marked Annexure -7 to the writ petition. Annexures -9, 10 and 11 are the consequential actions taken by the local authorities directing Sub -Divisional Officer, Naubatpur to prepare list of chat lands with non -SC/ST persons, list of such lands shown as "vacant lands" and the notices informing the petitioners about cancellation of the settlement.

(3.) THE Sone Canal was constructed several decades ago. The land on either side of the canal was left vacant so that the earth could be dug to re -inforce and strengthen the embankment and also to serve as road/pathway. These lands also obviously belong to the Government. The authorities started settling such lands called 'chat' land with suitable persons as per the guidelines then in force. Revised guidelines were issued by the Chief Engineer. Irrigation Department (now known as Water Resources Deptt.) under his letter no. 16825 dated 6.12.71, copy of the said letter has been marked Annexture -4 to the writ petition. It provided for settlement by a Committee at the sub divisional level. The canal falling within a particular sub -division (or the department) was to be treated as one independent unit. Settlement was to be for agricultural purposes for a period of nine months from 25th June of the year to 25th March of the following year, and In the matter of settlement (i) landless harizans (ii) retired military personnel (iii) landless labourers were to be given preference. The guidelines also provided that the land will ordinarily be settled with the previous settlee provided It has not been declared to be "vacant land" under Clause (3) (Cha). Any person aggrieved by the decision of the Executive Engineer could appeal to the Superintending Engineer.