(Querist) 09 August 2011
This query is : Resolved
hamare purvajo ne lagbhag 1 bhigha gram samaj ke jamin pe 70-80 saalo se (Years) ped (Tree)laga rakha hai. Ush jameen ko pechhle saal (last year) gram pradhan ne harijano ko patta (allot) kar diya lakin abhi tak ushpar hamara hi kabja hai trees ke wajah se.
kichh logo ne kaha ki kishi yeshe jamin ko jahan trees lage hai usko patta nahhi kar sakte.
Kripya hame batayenge ki kya hum ishke uppar koi case kar sakte hai ya nahi.
thank you Sharad Tripathi Sultanpur, Uttar Pradesh India
1)nahi . woh jameen aapki nahi . aapne kabja kya tau kya hua . supreme court ka adesh hai jagpal singh v/s state of punjab main ke jo bhi illegal occupants hain unhe jagah khali karna padega . 2)in other words land belongs to gram sabha . you are an illegal occupant . gram sabha is justified in asking you to vacate land . supreme court has directed state govts to prepare schmes for eviction of all these unauthorised occupants
3) court directions issued are reproduced as under
4)Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For 1 this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.