Diversion of Nistar/Gauchar land requires strict adherence to statutory procedures under the C.G. Land Revenue Code and the principles of natural justice; the community's interest in such land can justify reconsideration even in cases of significant delay.

NAFR

Digitally signed by VISHAKHA BEOHAR

(Cause-title taken from the Case Information System)

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Order On Board

1. By way of the present petition, the petitioner, Gram Panchayat Chalta through its Sarpanch, has called in question the legality and validity of the proceedings of Revenue Case No. 03A of 1996–1997 culminating in order dated 18.11.1996 passed by the Collector, Surguja, whereby the land recorded as Nistari/Gauchar land has been allotted in favour of the Agriculture Department.

2. The case of the petitioner is that the land in question is recorded as Nistar land (Gauchar land) meant for grazing of cattle and other common purposes of the villagers. It is contended that the Gram Panchayat had, at the relevant time, objected to the proposed transfer/diversion of the said land and had passed resolutions opposing such allotment. The Tahsildar, upon enquiry, also submitted a report stating that the land is being used for Nistar purposes and no alternative land is available. Despite the objections and without following the due procedure contemplated under the provisions of the C.G. Land Revenue Code, 1959 , particularly Sections 236 and 237, the Collector passed the impugned order dated 18.11.1996 allotting the land to the Agriculture Department. The petitioner submits that no proper hearing was granted to the Gram Panchayat and the order was passed in violation of principles of natural justice.

3. Following reliefs have been prayed by way of this petition:-

“10.1 The Hon'ble court may kindly be pleased to call of records of the petitioners for its kind perusal.

10.2 The Hon'ble court may kindly be pleased to set-aside entire proceedings proceeded by the Collector Sarguja, through Revenue Case no. 03A of 1996/1997 (ANNEXURE P-1) With Order dated 18.11.1996 issued by the respondent no. 3 during culmination of the Proceedings of Revenue Case No. 03A of 1996/1997.

10.3 The Hon'ble court may kindly be pleased to direct the respondent authorities to provide an alternate land rather than the Nistari land of Gram Panchayat Chalta for their use.

10.4 Any other relief, which Hon'ble court deems fit and proper of the case, may be allowed.

10.5 Cost of the petition may also be allowed. ”

4. Learned counsel for the petitioner submits that the land in question is Gauchar land reserved for grazing of cattle and, therefore, cannot be diverted for any other purpose without strict compliance with the statutory provisions. It is argued that the mandatory provisions contained under Sections 236 and 237 of the C.G. Land Revenue Code, 1959 have not been followed in the present case. It is further submitted that the Gram Panchayat had categorically objected to the proposed transfer of the land; however, the Collector, without affording any opportunity of hearing to the petitioner and ignoring the objections on record, proceeded to pass the impugned order. It is also contended that alternative lands are available in the vicinity, and thus, diversion of the Gauchar land was wholly arbitrary and unjustified. Learned counsel submits that, at the very least, the petitioner was entitled to a proper and effective hearing before any such decision affecting the rights of the Gram Panchayat and villagers was taken.

5. Per contra, learned State counsel submits that the impugned order was passed as far back as on 18.11.1996 and has attained finality over the passage of time. It is contended that th