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IN THE HIGH COURT OF ORISSA
P. Mohanty, Biswajit Mohanty, JJ.
ABHIRAM BEHERA - APPELLANT
Versus
STATE OF ORISSA - RESPONDENT
W.P. (C) No. 15548 of 2012
Decided On : 16-05-2014
Gochar Land - De-reservation - Orissa Government Land Settlement Act, 1962, Rules-2(1)(c), 4 - The judgment discusses the de-reservation of Gochar land for the purpose of providing a road to a retail outlet, the issuance of public notices, and the calculation of surplus Gochar land. It also analyzes the legal provisions of the Orissa Government Land Settlement Act, 1962 and Rules-2(1)(c), 4, and their interpretation in the context of de-reservation of Gochar land.
Fact of the Case:
The writ petition challenges the de-reservation of Gochar land for the purpose of providing a road to a retail outlet, alleging violation of the Orissa Government Land Settlement Act, 1962 and Rules. The petitioners claim that the de-reservation process was vitiated as no public notices were issued prior to de-reservation.
Finding of the Court:
The court found that the de-reservation was legally conducted following due procedure, and there was surplus Gochar land available in the village. It concluded that the writ petition was without merit and dismissed it.
Issues: The issues revolved around the purpose of de-reservation, the issuance of public notices, and the calculation of surplus Gochar land.
Ratio Decidendi: The court held that once Gochar land is de-reserved following the procedure of law, the Government can reserve/use the same for any other purpose whatsoever. It also emphasized that the de-reservation was done as per the provisions of the Act and Rules, and there was surplus Gochar land available.
Final Decision: The writ petition was dismissed as it was found to be without merit.
Based on the provided legal document, the key points are as follows:
The de-reservation of Gochar land must be carried out in accordance with the procedures prescribed by the relevant statutes and rules, including issuing public notices and inviting objections prior to de-reservation (!) (!) .
Once Gochar land is de-reserved following due process, the government is permitted to utilize the land for any purpose, including residential, commercial, or industrial uses (!) (!) .
The process of de-reservation includes assessing whether the land is no longer required for its original purpose, whether it can serve its purpose, or whether it exceeds the reasonable requirement, following the principles laid down in the law (!) (!) (!) .
In the case at hand, there was surplus Gochar land available in the village, and the land in question had lost its character as Gochar land, justifying its de-reservation (!) .
The authorities followed the prescribed procedures, including public notices and field verification, and there was no violation of the law in the de-reservation process (!) (!) .
The purpose for which the land was de-reserved in this case—providing a passage to a retail outlet—falls within the permissible scope of use after de-reservation, as the law allows the land to be used for any purpose once de-reserved (!) .
The contention that no notices were issued prior to de-reservation is unfounded, as notices were indeed issued and objections, if any, were invited and considered (!) (!) .
The calculation of surplus Gochar land was correctly performed according to the statutory formulas, and the available surplus justified the de-reservation (!) .
The law emphasizes that de-reservation should be done only under proper legal procedures, and the authorities in this case adhered to those procedures, making the de-reservation lawful (!) .
The case law cited by the petitioners is distinguishable from the present case, as the facts and legal circumstances differ, particularly regarding the surplus land and the loss of Gochar character (!) .
Overall, the court found no illegality or irregularity in the de-reservation process and dismissed the writ petition accordingly (!) .
These points encapsulate the legal reasoning and factual findings relevant to the de-reservation of Gochar land in this case.
JUDGMENT :
Biswajit Mohanty, J. - The present writ application styled as Public Interest Litigation has been filed by some of the villagers of Bhairpur of Cuttack district challenging the order of the authorities under Annexures-3 and 4, whereby the lands classified as Gochar in village Bhairpur in Khata No. 657 (Rakhit) corresponding to Plot No. 752 (part) measuring upto Ac.0.072 decimals have been de-reserved. According to them, such de-reservation of Gochar land is bad in law as the same violates the provisions of the Orissa Government Land Settlement Act, 1962 (for short the "Act") and the Orissa Government Land Settlement Rules, 1983 (for short the "Rules"). Briefly the case of the petitioners is that opposite party No. 5 approached the authorities for settlement of land in village Bhairpur in Khata No. 657 (Rakhit) corresponding to Plot No. 752 (part) measuring upto Ac.0.072 decimals for using the same as passage to their retail outlet. On receipt of such application under Annexure-1, opposite party No. 4 directed for issuance of general proclamation inviting objections. As no objections were received within the statutory period of 30 days, the opposite party No. 4 recommended for settlement of the above land in favour of the opposite party No. 5. While doing so, opposite party No. 4 relied on his field verification report. In the field verification report it was indicated that the land had lost its Gochar character. On receipt of the recommendation of opposite party No. 4, opposite party No. 3 vide order dated 11.10.2010 under Annexure-3 sanctioned de-reservation of Gochar land for the purpose of utilizing the land as passage to the retail outlet proposed to be constructed in village Bhairpur. Pursuant to such order of opposite party No. 3, sanction order under Annexure-4 was issued. According to the petitioners, villagers of Bhairpur had no knowledge about such proceedings. It is only when opposite party No. 5 started filling sand in the de-reserved land, the petitioners came to know about the de-reservation and immediately they approached all the official opposite parties by way of representations dated 12.8.2012 and when nothing was done they filed this writ application challenging orders under Annexures-3 & 4 on the ground that there had been violation of Section-3 of the Act and various provisions of the Rules. According to them, the entire process of de-reservation has been vitiated as no notices were issued prior to such de-reservation.
2. Learned counsel for opposite party Nos. 3 and 4 filed one counter affidavit dated 20.2.2013 and an affidavit dated 30.4.2014. In the said counter affidavit and later affidavit, they have made it clear that the order under Annexures-2, 3 and 4 have been passed in accordance with the relevant provisions of the Act and Rules and hence no illegality has been committed by opposite party Nos. 3 and 4 in de-reserving plot No. 752 (part) measuring an area Ac.0.072 decimals under Khata No. 657 belonging to village Bhairpur. Learned Addl. Government Advocate also produced the relevant case record in order to support the contention made by opposite party Nos. 3 and 4 in their counter affidavit and affidavit dated 30.4.2014.
3. A separate counter affidavit has been filed by opposite party No. 5. In that counter affidavit opposite party No. 5 has stated that as per spot verification report of opposite party No. 4 the land in question has completely lost its gochar character and the said land is not serving its purpose of grazing. On the other hand lot of Gochar land is available very near to the land in question for grazing purpose. Further, the stand of opposite party No. 5 is that one of the Banks, namely, Central Bank of India is also using the adjacent Gochar land as a passage since 1985. In this context, opposite party No. 5 also pointed out that the opposite party No. 4 after necessary verification, published proclamation as required under law inviting objection with regard to de-reserva
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