Judgment

R.V. RAVEENDRAN, J.

Leave granted.

2. The Settlement Officer notified and published a record of rights under section 24 of the Santhal Parganas Settlement Regulations, 1872 (`Regulations' for short) under which land measuring 4.40 acres in Thana No.24, Plot No.1061, Mouza Solagaria, Circle and District Pakur, Jharkhand, was recorded as gochar (village grazing land) for the said village Solagaria.

3. In a public interest litigation (W.P. No.5332/2001), the High Court of Jharkhand issued certain directions for effective implementation of national leprosy eradication programme and for improving the standards of health of the tribal residents of the area. In pursuance of it, the Department of Health & Family Welfare, Government of Jharkhand and the Deputy Commissioner, Pakur, on 21.12.2005, authorized the Executive Engineer, Rural Development, Special Division, Pakur, to construct a hospital building. The said gochar was identified as being suitable for construction of the Hospital with the consent of village headman and village community (all the Jamabandi Raiyats of the village), vide consent letter dated 10.11.2006.

4. When the construction commenced, the first respondent filed a public interest litigation [W.P. (PIL) No.6779/2006] in the Jharkhand High Court inter alia contending that the grazing land (gochar) could not be used for any other purpose and seeking prohibition of construction of a hospital in the said gochar.

5. On 31.5.2007, the State government issued a notification denotifying releasing the said

4.44 acres of gochar in Plot No.1061 and in its place declaring an extent of 4.44 acres of Gairmajarua (Government) Khas land in Khata No.44, Plot Nos. 62, 199 and 427 as gochar under section 38(2) of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (`Tenancy Act' for short). On the basis of the said notification it was contended by the appellants in the two appeals before the High Court that the land in question had ceased to be gochar and therefore, there was no impediment for using the said land for construction of an hospital. The High Court by the impugned order dated 17.8.2007 allowed the said writ petition holding as follows : (i) The State had no authority to construct a hospital in the land earmarked as gochar meant for grazing of cattle. (ii) The notification dated 31.5.2007, denotifying and releasing the gochar in order to hand over the same to the health department for construction of a hospital, was not valid in law, having regard to the bar contained in section 38(1) read with sections 67 and 69 of the Tenancy Act.

6. The said order of the High Court is challenged by the State of Jharkhand and by the village headman in these two appeals by special leave. The contentions of the appellants, in brief, are as under: (i) Having regard to section 2

(1) read with section 38(2) of the Tenancy Act, the State Government had the authority to denotify/release/withdraw any land from its status as gochar, provided other suitable land is set apart as gochar to make up 5% of the total area of the village as required under section 38(2) of the Tenancy Act. (ii) As the State had settled the said land as gochar for cattle grazing in the settlement made in 1932, it had the implied authority to denotify/de- reserve the said land from its status as gochar having regard to section 24 of the Bihar and Orissa General Clauses Act (for short `General Clauses Act') subject to compliance with section 38(2) of the Tenancy Act. (iii) Only the raiyats of the village Solagaria have the right to graze their cattle in the said gochar. The village headman and the entire village community (all the Jamabandi raiyats) have given their consent in writing on 10.11.2006 for the land in question being used for construction of a hospital. None else had any right to use the said land and therefore, the first respondent (writ petitioner) was not a person aggrieved. (iv) Large amounts had already been invested for construction