SC: Use of Gauchar Land by State or Any Third Party Contrary To What Is Permitted Cannot Go On


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While directional the State of Gujarat to bring Gauchar Land (grazing land) of Village Bhandu in conformity with its use, the Supreme Court discovered that use of gauchar land, whether or not by State of any third party, contrary to what was allowable couldn’t maintain. It is old-hat to mention that gauchar land will be used just for functions that it’s allowable to be used. If there’s a user contrary to the permissible user, whether or not by the State or by any third party, a similar cannot maintain,” the division bench of Justice SK Kaul and Justice metric linear unit Sundresh discovered.
The Top Court granted the State three months’ time to require acceptable action of delivery the land in conformity with its use and directed the state to file a compliance report inside period of time.
Noting that out of the seventy two persons were found to possess created encroachment within the land, three persons within the scheduled caste class and a couple of persons belonged to socially economically backward category were entitled to various accommodation, the bench aforementioned that rehabilitation of persons wasn’t extremely needed as solely three persons were entitled to the choice website as per rules.
The bench within the gift matter was hearing a special leave petition against the order of dismissal dated April 12, 2019 (“impugned order”) gone along the Division Bench of Gujarat court in a very public interest judicial proceeding filed underneath Article 226 of the Constitution of India seeking removal of unauthorized encroachment on the gauchar land of Village Bhandu (Laxmipura), Taluka: Visnagar, District: Mehsana, happiness to Gram panchayat/Government.
The court had unemployed the petition when getting legal instrument back predicated on the reasoning that everyone the folks that were unauthorized occupying were from the low-income strata of society and that they were residing there since several range of years which it’d not be acceptable to direct their immediate removal unless various accommodation was provided to them by the State and its authorities in accordance with its policy.
The Court had conjointly noted that in respect of the utilization of the land, the govt was running Anganvadi, a faculty within the aforementioned premise, one cooperative society was running a farm and there joined temple of lord Hanuman. Remarking that there was in fact some dispute whether or not encroachers have created permanent structures or kuchha construction for keeping cattle, the bench once more reiterated that the user couldn’t be contrary to what was being allowable for gauchar land that was a grazing land.
REPORTED BY:-
VIDIT RASTOGI
AMITY UNIVERSITY, LUCKNOW


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Manish Tiwari

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