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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
C.L. Soni, J.
Kalipura Gram Panchayat – Appellant
Vs.
State of Gujarat and Ors. – Respondents
Special Civil Application No. 16419 of 2014
Decided On : 06-05-2016
Gauchar Land - Land Allotment - Section 108(4) of the Gujarat Panchayats Act, 1993 - Government Resolutions - Public Purpose - Compensation - Public Utility
Fact of the Case:
The petitioner, Kalipura Gram Panchayat, challenged the order to resume gauchar land for establishing a 400 KV Substation by GETCO. The petitioner argued that the allotment would reduce the gauchar land to a large extent, affecting the cattle population in the village.
Finding of the Court:
The Court found that the establishment of the Substation for transmission and distribution of electricity is for public utility. It noted that the Collector had considered the cattle population and found the remaining gauchar land to be sufficient. The Court also highlighted the compensation and conditions imposed on GETCO for the allotment.
Issues: The main issue was the adequacy of gauchar land and the impact of its allotment on the cattle population in the village.
Ratio Decidendi: The Court relied on Section 108(4) of the Gujarat Panchayats Act, 1993, and Government Resolutions to determine the legality of the gauchar land allotment. It emphasized the need for public purpose and the sufficiency of gauchar land, considering the cattle population.
Final Decision: The Court rejected the petition, stating that no interference was required in the impugned orders. It also noted that GETCO had agreed to deposit 30% of the determined amount as compensation.
Certainly. Based on the provided legal document, here are the key points:
The allotment of gauchar land for public utility, such as establishing infrastructure like a substation, does not require the prior consent of the village panchayat, especially when such land is vested with the government under relevant statutes (!) (!) .
The decision to resume gauchar land for public purposes must be based on the necessity for such land, considering the sufficiency of remaining gauchar land for the cattle population, and is within the authority of the government or designated officials exercising delegated powers (!) (!) .
When gauchar land is allocated for public utility, appropriate compensation, such as a percentage of the land’s value, should be paid, and mechanisms for deposit and utilization of such compensation are recognized, though enforcement may vary (!) (!) .
The establishment of public utility infrastructure, like a power substation, for large-scale industrial and developmental purposes, is considered a valid public purpose and takes precedence over private interests, provided it is exercised within legal bounds and based on proper assessment (!) (!) .
The sufficiency of gauchar land for cattle depends on factors such as the type of cattle, their number, and government standards (e.g., acres per 100 cattle). These standards guide the assessment of whether land is adequate after proposed allotments (!) (!) (!) (!) .
The process of land resumption for public utility must follow legal procedures, including considering the availability of alternative land and the necessity of the public purpose, with the government having discretion to decide based on these factors (!) (!) .
The court generally defers to the administrative authorities’ discretion in public utility land allotments, especially when decisions are made in accordance with statutory provisions and after proper assessment of public interest and land sufficiency (!) (!) .
The requirement of consultation or obtaining consent from the village panchayat prior to resumption of gauchar land depends on whether the land is vested with the government or is village common land. For government-vested gauchar land, prior consent is not mandated (!) .
The principle that private interest must give way to public purpose is upheld, especially when the land is being allocated for essential infrastructure that benefits large areas and the community at large (!) .
The court emphasizes the importance of following proper procedures, including valuation and compensation, and acknowledges that government policies and resolutions serve as guidelines rather than statutory mandates, with the final decision resting within the discretion of authorities (!) (!) .
The court discourages illegal encroachments and emphasizes the need for schemes to evict unauthorized occupants of public lands, including gauchar land, to preserve village common resources for the community’s benefit (!) .
Overall, the court finds no grounds to interfere with the administrative decisions regarding gauchar land resumption for public utility, provided that procedural requirements and public interest considerations are adequately addressed (!) .
Please let me know if you need further analysis or specific legal advice related to this case.
C.L. Soni, J.
1. By the present petition filed under Article 226/227 of the Constitution of India, the petitioner - Kalipura Gram Panchayat has challenged the order dated 30.01.2014 at Annexure-C passed by the Collector and the affirming order dated 09.10.2014 at Annexure-F passed by the Special Secretary, Revenue Department (Appeals) in Revision Application No. 1 of 2014 preferred by the petitioner.
2. It appears that pursuant to the demand made by the Executive Engineer, Gujarat Energy Transmission Corporation Ltd. ("GETCO") for allotment of the land ad-measuring 190052 square meters from the land bearing Block No. 1 87 to 197, 200 to 206 Paiki of village Ahmadpura, Taluka Talod for establishing 400 K.V. Substation, the Collector - respondent No. 2 called for response of the petitioner. The petitioner sent its objections stating that since huge land is demanded by GETCO from its Gauchar land (the land meant for cattle grazing), the gauchar land will be reduced to a large extent and that as per the resolution passed in its meeting, it was not agreeable to give the land without compensation.
3. The Collector, after considering the objections of the petitioner and the population of cattle in the village vis-a-viz availability of gauchar land with the petitioner, arrived at the satisfaction that considering the public purpose behind establishment of 400 KV Substation, the land demanded was required to be vested with the State Government by resuming it from the petitioner and passed order dated 30.1.2014 to resume the land demanded by GETCO from Gauchar Head, to enter in the name of the Government and to allot the land as shown in the map annexed to the proposal of the Mamlatdar, to GETCO on different conditions. Such order of the Collector has come to be confirmed by the Secretary in the revision application preferred by the petitioner.
4. Learned Advocate Mr. Patel appearing for HL Patel Advocates for the petitioner submitted that as against the requirement of the Gauchar Land for cattle of the village, the petitioner has very less Gauchar land from the beginning. Mr. Patel submitted that considering the insufficiency of Gauchar land with the petitioner, the petitioner was assigned the land of block No. 187 to 197, 200 to 206 Paiki of village Ahmadpura from which the Collector has allotted huge land to GETCO which will reduce the Gauchar land of the petitioner to large extent. Mr. Patel submitted that as per the Government Circulars, 40 acres of Gauchar land is required per 100 cattle and presently, there are 1200 cattle in the village, and if out of 1200 cattle, 500 cattle are taken to be dependent on the Gauchar land, the requirement of gauchar land for the village would be around 8 lac square meters and as against such requirement, now the petitioner will be left with only 1,86,163 square meters of gauchar land. Mr. Patel submitted that there is large gauchar land and wasteland available at village Mahadevpura touching the boundary of the land demanded by GETCO and from such land of village Mahadevpura, GETCO could have been given the land needed by it for establishment of 400 KV Substation.
5. Mr. Patel submitted that to meet with the availability of sufficient gauchar land when the allotment from the existing gauchar land of any village is made, such village is always given compensation at the rate of 30% of the value of the gauchar land. However, in the present case, though the Collector has observed in his order for giving of such 30% compensation, no such amount is deposited by the GETCO and the petitioner is just left to the mercy of the mighty company like GETCO and the Government authorities and the cattle in the village will suffer a lot on account of non-availability of sufficient gauchar land.
6. Learned A.G.P. Mr. Shah on the other hand submitted that the Collector having found that the land is required for public purpose and having considered that sufficient gauchar land is available with the petitioner for
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