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2020 Supreme(Jhk) 62

RAJESH SHANKAR
Ishwari Das – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rajeev Ranjan Tiwari, Advocate, Mr. Lalit Yadav, Advoicate
For the Respondent:Mr.Sanjeev Thakur, S.C. (L&C)-I, Mr. Vineet Prakash, AC to S.C. (L&C)-I, Mr. Vijay Shankar Jha, Advocate

Judgement Key Points

The court's discussion emphasizes that de-reservation of "Gochar" land should only occur in exceptional circumstances and for valid reasons, with a clear requirement that alternative land must be made available to maintain the minimum percentage of "Gochar" land in the village. Specifically, the court notes that when "Gochar" land is dereserved for public purposes, the authorities are expected to provide an alternative "Gochar" land that is in close proximity to the original land, ensuring it remains within the same village or nearby area.

In the present case, the court observed that the alternative "Gochar" land provided was situated in a different village, approximately 20-30 kilometers away from the original site. The court considered this distance to be significant and not in line with the legal requirement that the alternative land should be within a reasonable proximity to the original "Gochar" land. Therefore, the court indicated that such a distance is not acceptable for the purpose of providing a valid alternative "Gochar" land (!) (!) .

Hence, the court has discussed that alternate "Gochar" land cannot be allotted at a distance of 20-30 kilometers from the original "Gochar" land, as this would violate the principles of maintaining the integrity and purpose of "Gochar" land reservations.


JUDGMENT :

The present writ petition has been filed for quashing the decision of the State Government to construct flats over plot nos. 645 and 646 of Khata No. 56/5 in village Rampur measuring an area of 1.46 acres and 12 acres, in total 13.46 acres (hereinafter to be called as “the said land”) as the same is “Gochar” Land.

2. The factual background of the case as stated in the writ petition is that the said land is recorded as “Gochar” land in the Record of Rights and the same is being used for the purpose of grazing. Moreover, the water logged in the said land is also being used by the villagers for cultivating their nearby fields. However, suddenly, some of the government officials assembled on the said land and started demarcating it. On inquiry, the villagers came to know that the State Government has decided to construct flats over the said land to which they objected and demanded a copy of the government’s decision, however the same was not provided to them. A detailed representation was made before the respondent no. 4- the Deputy Commissioner, Deoghar as well as the respondent no. 5- the Administrator, Municipal Corporation, Deoghar requesting inter alia not to make any con

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