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HIGH COURT OF ORISSA
S. K. Ray And B. K. Panda, JJ.
BISHNU CHARAN SWAIN - Appellant
Versus
SECRETARY, WORKS AND TRANSPORT DEPARTMENT - Respondent
O. J. C. 944 Of 1970
Decided On : April 27, 1973
CONSTITUTIONAL LAW - ARTICLE 14 AND 15 - DISCRIMINATION - CLASSIFICATION - REASONABLE CLASSIFICATION - HARIJANS - SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES - JUDICIAL NOTICE - DIRECTIVE PRINCIPLES OF STATE POLICY - ARTICLE 46 - LEASING OUT OF LANDS TO HARIJANS - VALIDITY.
Fact of the Case:
The petitioner, a non-Harijan, challenged the proposed action of the State Government to lease out roadside lands to landless Harijans for agricultural and piscicultural purposes, claiming it was discriminatory and violative of Articles 14 and 15 of the Constitution.
Finding of the Court:
The Court held that the proposed action was not discriminatory as it was based on a reasonable classification of Harijans as a socially and educationally backward class, which was permissible under Article 15(4) of the Constitution. The Court also held that it could take judicial notice of the fact that Harijans were socially, educationally, and economically backward, and that the classification was in consonance with the directive principles of the Constitution, particularly Article 46, which mandates the State to promote the educational and economic interests of weaker sections.
Issues: 1. Whether the proposed action of the State Government to lease out roadside lands to landless Harijans was discriminatory and violative of Articles 14 and 15 of the Constitution? 2. Whether Harijans could be classified as a socially and educationally backward class under Article 15(4) of the Constitution? 3. Whether the Court could take judicial notice of the fact that Harijans were socially, educationally, and economically backward?
Ratio Decidendi: 1. The Court held that the proposed action was not discriminatory as it was based on a reasonable classification of Harijans as a socially and educationally backward class, which was permissible under Article 15(4) of the Constitution. 2. The Court held that Harijans could be classified as a socially and educationally backward class under Article 15(4) of the Constitution, as they were a conglomeration of people from different castes who were considered untouchables by the caste-Hindus. The Court also noted that Harijans were generally poor and that social and educational backwardness was associated with economic backwardness. 3. The Court held that it could take judicial notice of the fact that Harijans were socially, educationally, and economically backward, as it was a matter of common knowledge.
Final Decision: The Court dismissed the petition, holding that the proposed action was not discriminatory and was in consonance with the directive principles of the Constitution.
PANDA, J.
( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution seeking to quash a proposed action conveyed in Letter No. 17165 dated 31-7-1970 (Annexure 8) issued by the Secretary to the Government, Works and Transport department, to the Chief Engineer, projects (Express Highway) suggesting leasing out of the road-side lands to the Express Highway No. 1 for agricultural and piscicultural purposes temporarily on annual basis to landless Harijans, preference being given to the Fishery Co-operative Societies of the landless Harijans.
( 2 ) FACTS leading to the above petition are as follows: Fortyfour decimals of land lying in village Saintipur belonging to petitioner Bishnu Charan Swain of village padmalavpur, who is a non-Harijan, was acquired for the construction of the express Highway from Daitari to Paradip. Out of this land. 32 decimals appertain to Khata 12 and the balance to Khata 16. There was due notification for acquisition and there is no challenge that the compensation amount has not been received. The Express Highway No. 1 became complete by 1967 (1968 according to the counter) and it is open to traffic thereafter. Out of the acquired lands, the Highway runs actually over almost the middle portions leaving some lands on either side for digging earth therefrom and spreading the same for the construction of the highway leaving certain lands intact for future use in repairing the Highway. From the lands earth was taken, great pits have formed that contain water all the Year round and so fit for pisciculture. Under the impugned Annexure 8, the secretary to the Government Works Department, wrote to the Chief Engineer. Projects (Express Highway), suggesting that the lands on either side of the Express highway may be leased out temporarily for agricultural and piscicultural purposes to landless Harijang subject to the conditions noted below: agriculture: 1. Agreement should be executed in the form (Enclosed)before the land is allotted to lessee. 2. The land should be settled with the landless Harijans on annual basis and these Harijans should belong to the neighbouring villages and if no Harijans of other villages would be entertained (sic ).
( 3 ) THE lands to be settled by this process as indicated at Item no. 2 should not exceed 3 acres per individual lessee. This lease is valid for a period of one year. After the 1st year the temporary lessee may be continued after renewal of agreement The temporary lessees mentioned above will be liable to pay an amount of Rs. 25/- (Rupees twentyfive) per acre annually. This will be in addition to the basic water rate and optional water rate where leviable under the Orissa irrigation Act, 1959.
( 4 ) ALL the papers relating to lease alone with landless certificates will be endorsed to Works Department for finalisation and execution of Agreement with the landless harijans. Pisciculture :
1. Agreement should be executed in the form (enclosed)before the borrow pit is allotted to lessee. 2. The borrow pits should be settled with the landless Harijans on annual basis for the purpose of pisciculture and these harijans should belong to the neighbouring villages and if no harijans of the neighbouring villages are available, then harijans of other villages would be entertained. Preference should be given to the Fisheries Co-operative Societies of the landless Harijans. 3. The lessee will have to provide access at every three hundred feet approximately through the borrow pits for borrowing earth for road work. 4. The lessee should have no objection in case water from borrow pits has to be utilised for Express Highway and the embankment should not rest beyond ground level. The lessee will be liable to pay Rs. 25/- per acre annually. This will be in addition to basic water rate and optional water rate where leviable under the Orissa Irrigation Act, 1959. This lease is valid for a period of one year and it may continue after renewal of agreement. ill be endorsed to Works Depa
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