Legislation about rural property
Manoj
(Querist) 05 February 2012
This query is : Resolved
Hello to all experts
My query is regarding rural property in Gujarat.
(1) Under what legislation is “gamtal land” & “gauchar land” defined in Gujarat .
(2) Whether Gamtal land can be mortgaged and what are the documents required to mortgage it in Gujarat. Whether any NOC is required from Sarpanch/Talati of Gujarat.
(3) How can one inform the general public that the particular gamtal land has been mortgaged. Where can the mortgage be recorded.
ajay sethi
(Expert) 05 February 2012
Section 38 of the Bombay Land Revenue Code, which reads as under:
"38. Subject to the general orders of the State Government, it shall be lawful for survey officers whilst survey operations are proceeding under Chapter VIII, and at any other for the Collector to set apart lands the property of the State Government and not in the lawful occupation of any person or aggregate of persons, in unalienated villages or unalienated portions of villages, for free pasturage for the village cattle, for forest reserves, or for any other public or municipal purpose; and lands assigned specially for any such purpose shall not be otherwise used without the sanction of the Collector; and in the disposal of land under Section 37 due regard shall be had to all such special assignments."
Section 96(4) of the Gujarat Panchayats Act, 1961 provides that where any open site or waste, vacant or grazing land vested in the Government has been vested by the Government in a Panchayat whether before or after commencement of this Act, then it shall be lawful for the State Government to resume at any time such site or land if it is required by it for any public purpose
Gauchar land( Grazing Land ) could not be diverted for any purpose other than for public purpose.
Apex Court in case of State of Jharkhand and others v. Pakur Jagran Manch and others reported in (2011) 2 Supreme Court Cases 591, wherein the Apex Court was of the opinion that dereservation of Gauchar land should only be in exceptional circumstances and for valid reasons. It was further observed that when the Gauchar land is not a Government land but is village common land vesting in the villagers and not the Government, the consent of village headman and the villagers in whom the land vests shall have to be obtained before dereservation and diversion of use of gauchar land.
ajay sethi
(Expert) 05 February 2012
Way
back in the year 1954, Government issued a resolution dated 20.5.1954 stressing the need for preservation of Gauchar land and for putting them to optimum use. In the resolution, it was stated :
"4.
Government has noticed that lands assigned for grazing are left entirely uncared for and that their full economic use is not possible unless adequate steps are taken to improve them. The Collectors are, therefore, requested to see that either the Village Panchayats or the local panchas etc. take steps to fence the lands, to grow proper types of grasses, to provide for rotational grazing etc. in consultation with the District Agricultural Officer, Gram Sevaks, etc. If necessary,the Collectors may put up proposals for levying for small grazing fees for this purpose."
ajay sethi
(Expert) 05 February 2012
The
Government issued circular dated 30.12.1988 reiterating that as per Government standards per 100 cattle, 40 acres(16 hectares) of Gauchar land is required to be maintained, so that village cattle can be properly looked after. However, the Government is empowered to resume even the Gauchar land for any public purpose because such resumption of land ultimately benefits village people also. The circular further, provided that wherever, available Gauchar land is less than the prescribed standards, in such cases, Gauchar land should not be utilised for any other purpose and that in exceptional cases only, when such land is required for public purpose, procedure for resumption of land should be undertaken. Even in such cases, if there is opposition from the local self governing bodies, as far as possible, procedure for resumption of such land should be avoided unless opposition is found to be baseless.
Manoj
(Querist) 06 February 2012
thank you Sir.
