Gram samaj land
(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.
Sultanpur, Uttar Pradesh
(Expert) 09 August 2011
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
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.
(Querist) 10 August 2011
Can you tell me that the gram pradhan has the authority to allot such property (property which have the many trees i.e. garden) to Schedule cast for colony.
If yes that we can change it for community work i.e. school, barat ghar etc by any law or not.