CHOUDHARY BEERU GUJJAR Vs. STATE

JUDGEMENT

(1.) The Petitioner a social activists and member of Gujjar and Bakarwal Advisory Board, J&K, is interested in overall welfare of Gujjar and Bakarwal Community. The Petitioner claims to have made a representation to the State Government for allotment of land comprising Khasra No. 344 situated at Village Khanpur Nagrota, owned by the State Government and in possession of JDA in favour of members of Gujjar and Bakarwal Community, without any permanent place of residence.

(2.) It is insisted that the land in question is Barren ? ''Banjar Qadeem Gair Mumkin Khad'' vacant, without any built up structures and thus suitable for allotment in favour of the members of the nomadic Community, It is submitted that such members of Gujjar and Bakarwal Community, who have no residential houses and are considered for allotment of the land in question, are ready and willing to pay, such amount as may be deemed proper having regard to their resources. Allotment of land comprising Khasra No. 1166 min situated at Village Jagti, Nagrota, in favour of members of Gujjar and Bakarwal Community, according to the Petitioner, is also being considered by the Respondents and that the Petitioner has filed writ petition registered as OWP No. 668/2010, praying for a direction to the Respondents to accord consideration to the allotment of said land in favour of the members of Gujjar and Bakarwal Community. Whether State should allot land owned by the State to the members of Gujjar and Bakarwal Community is a policy decision to be taken by the State and the Court has neither expertise nor necessary inputs to step into the shoes of the State and take a policy decision on its behalf.

(3.) The State, however, is expected to be conscious of directive principles of the State policy embodied in Article 38 Constitution of India, requiring the State to strive to promote the welfare of the people and minimize the inequalities in income, status, facilities and opportunities.