ISHWARI DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the decision of the State Government to construct flats over plot nos. 645 and 646 of Khata No. 56/5 in village Rampur measuring an area of 1.46 acres and 12 acres, in total 13.46 acres (hereinafter to be called as "the said land"?) as the same is "Gochar"? Land.

(2.) The factual background of the case as stated in the writ petition is that the said land is recorded as "Gochar"? land in the Record of Rights and the same is being used for the purpose of grazing. Moreover, the water logged in the said land is also being used by the villagers for cultivating their nearby fields. However, suddenly, some of the government officials assembled on the said land and started demarcating it. On inquiry, the villagers came to know that the State Government has decided to construct flats over the said land to which they objected and demanded a copy of the government's decision, however the same was not provided to them. A detailed representation was made before the respondent no. 4-the Deputy Commissioner, Deoghar as well as the respondent no. 5-the Administrator, Municipal Corporation, Deoghar requesting inter alia not to make any construction over the said land, however no action was taken. The petitioner no. 2 sought information under the Right to Information Act, 2005 with regard to construction of flats over the said land in response to which the respondent no. 6-Circle Officer, Mohanpur, communicated on 29.04.2019 that no information is available in his office. Hence the present writ petition.

(3.) Learned counsel for the petitioners submits that the State authorities are bent upon to make construction over the "Gochar"? land which is otherwise prohibited under the provisions of Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949 (in short "the Act, 1949"?) and the petitioners have been left with no option but to move this Court under its writ jurisdiction. It is further submitted that Section 38 of the Act, 1949 provides that the land recorded as "Gochar"? cannot be settled or brought under cultivation or utilized for any other purpose other than grazing and therefore there is a clear bar on the utilization of said land for any other purpose much less for construction of flats by State agencies. Hence, the decision of the State Government to construct the flats over the said land is arbitrary, unjust and unsustainable in the eye of law. It is also submitted that Section 38 of the Act, 1949 further contemplates that at least 5% of the land of any Mouza shall be kept as "Gochar"? land. However, the said land in Mouza Rampur has only been recorded as "Gochar"? land and therefore if the flats are constructed over the said land in Mouza Rampur, no "Gochar"? land will be left which would be in violation of the provisions of the Act, 1949. Earlier also in the year 2010-11, some land Mafias tried to capture the said land for which the local villagers filed application before the Land Reforms Deputy Collector, Deoghar, whereupon the respondent no. 6 directed the 'Anchal Amin' to enquire the matter who reported that the said land is "Gochar"? land. The respondent no. 6 then directed the 'Anchal Amin' and 'Revenue Karamchari' to demarcate and put a signboard on the said land. Since then the said land remained vacant and was being used for grazing purposes and water logged in the said land was being utilised by the cultivators for irrigating their nearby fields. Learned counsel for the petitioners further submits that it is a settled law that the "Gochar"? land can be utilized for any other purpose only in an emergent situation, that too, after declaring some other land as "Gochar"? land in the same village. However in the present case, the State authorities have not followed the said settled principles of law. It is also submitted that the village-Bara where the land is proposed to be notified as "Gochar"? is 15-20 km away from Rampur village. So far as Bara village is concerned, the same is itself a Panchayat whereas village Rampur where the present "Gochar"? land is situated, was earlier the part of Punsia Panchayat and subsequently included in the municipal area of Ward No. 25. Moreover, Rampur and Bara both are independent villages. The said land is only "Gochar"? land situated in village Rampur and the same itself is less than 5% of the land existing in Rampur village. It is lastly submitted by the learned counsel for the petitioners that the resolution dated 17.11.2016 does not empower the Deputy Commissioner to de-notify the "Gochar"? land in any other village, rather the same empowers the said authority to notify other land in the same village.