Searching Case Laws & Precedent on Legal Query.....!
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Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Analysis and Conclusion:Based on the cited judgments, Gochar (pasture) land cannot be allotted for non-pasture purposes, nor can its classification be changed or converted except under strict legal conditions involving compensation and approval from competent authorities. These protections aim to preserve the land's primary use for grazing and prevent unauthorized or arbitrary conversions, reaffirming that such land remains reserved for pasture unless exceptional, legally sanctioned circumstances arise.
In rural India, particularly in Rajasthan, Gochar or pasture land plays a vital role in supporting livestock and agriculture-dependent communities. But what happens when there's pressure to allot this land for other uses like housing, industry, or infrastructure? A common legal query arises: Gochar pasture land cannot be allotted to anyone, nor can the category of Gochar pasture land be changed, nor can Gochar pasture land be converted. Tell me such judgments.
This question highlights ongoing disputes over land use. Courts in Rajasthan have repeatedly addressed these issues, emphasizing strict protections under laws like the Rajasthan Land Revenue Act, 1956, and Rajasthan Tenancy (Government) Rules, 1955. This post analyzes key judgments, legal principles, and procedural requirements, drawing from authoritative sources. Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
Gochar land is government land reserved specifically for grazing cattle and other pastoral activities. It's classified under special categories to ensure availability for villagers' livestock—typically at least 1/2 bigha per cattle head as per rules. Ladu Singh Rav VS State - 2008 Supreme(Raj) 2445
These lands are not ordinary government property; they are protected to prevent arbitrary diversion. Unauthorized allotment, sale, or conversion can lead to judicial intervention, quashing such actions if they violate due process.
Judgments consistently hold that Gochar land enjoys special protection. Key principles include:
As stated in a key ruling: The preservation and development of the pasture land by the State Authorities is the rule and diversion of user thereof is an exception and therefore, the power conferred upon the Collector under Rule 7 of the Rules of 1955, to change the classification of the pasture land should be exercised sparingly only in the larger public interest and not so as to subserve the interest of any individual.Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723
This Division Bench decision is pivotal. It clarifies:- Gochar land cannot be used for other purposes arbitrarily.- Denotification or declassification is possible but only under valid law, with powers exercised sparingly.
A critical quote: It cannot be said that if a parcel of land is set apart as ‘gochar’, it can never be used for any other purpose. If the State Government has the power to denotify or deserve ‘gochar’ under any other law and the said power is validly exercised, the land would cease to be ‘gochar’.Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723
However, any allotment demands equivalent compensatory pasture land: If a ‘gochar’ land is allotted for any other purpose permitted under law... an equal area of land is mandatorily required to be set apart as pasture land.Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723KESHAR SINGH Vs STATE OF RAJASTHAN
The court mandated strict procedures: The procedure of consultation with panchayat as laid down in Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955, shall be followed: Provided further that lands which are irrigated by any source or are recorded as public path, beds of river or tank shall not be allotted without prior approval of the State Government.Papapuri S/o Chimanpuri VS State of Rajasthan - 2023 0 Supreme(Raj) 233
Unauthorized transfers were deemed illegal.
This judgment stresses prior permission for declassification and allotment, aligning with Rule 7. Violations render actions void.
Several cases expand on these principles:
These cases show courts balance development needs with protections, often requiring equal-area substitution. NARENDRA SINGH BHATI Vs STATE OF RAJASTHAN
While absolute bans don't exist, exceptions demand:1. Prior Approval: From Collector, State Government for special lands, and panchayat consultation (Rule 7, 1955 Rules).2. Equivalent Land: Unoccupied cultivable government land as substitute pasture.3. Public Interest: Diversion only for larger good, not individuals.4. No Estoppel: Challengers aren't barred if public money or village Gochar is at stake. Mukesh Kumar Sharma VS State of Rajasthan - 2013 Supreme(Raj) 135
Failure invites quashing: The action of transferring pasture lands for other purposes has been held to be illegal if not done in accordance with law.Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723
Rajasthan courts affirm: Gochar pasture land generally cannot be allotted, its category changed, or converted without strict adherence to Rajasthan Tenancy (Government) Rules, 1955, prior approvals, and compensatory measures. Unauthorized actions are typically illegal and quashable. Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3Papapuri S/o Chimanpuri VS State of Rajasthan - 2023 0 Supreme(Raj) 233
Key Takeaways:- Preservation is the norm; diversion exceptional.- Always provide equal pasture substitute.- Follow Rule 7 procedures meticulously.- Judicial review protects community interests.
Stay informed on land laws to safeguard rights. For personalized guidance, seek professional legal counsel.
References:1. Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723 - Gulab Kothari (Division Bench).2. Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - 2023 0 Supreme(Raj) 3 - Declassification procedures.3. Papapuri S/o Chimanpuri VS State of Rajasthan - 2023 0 Supreme(Raj) 233 - Krishna Ram, procedural mandates.4. Other cases: KESHAR SINGH Vs STATE OF RAJASTHAN, Ladu Singh Rav VS State - 2008 Supreme(Raj) 2445, KARMABAI MAHILA SHIKSHA AVAM GVMSS vs STATE REVENUE AND ORS, etc.
#GocharLand, #RajasthanLandLaw, #PastureLandRules
If a ‘gochar’ land is allotted for any other purpose permitted under law, that is to say, the classification of any pasture land is changed in terms of law, an equal area of land is mandatorily required to be set apart as pasture land. 4. ... Now again 1.60 hectares land has been allotted for Community Health Center which would mean the reduction in gochar land ....
(2) Where classification of any pasture land is changed under sub-rule(1), the Collector may set-apart an equal area of unoccupied cultivable Government land, if available, as pasture land in the same village.” ... the Gochar land. ... compensating the reduction in the Gochar land. ... At the same time, 451 Bighas of land from Khasra No.491, Village Kan Singh Ki Sid (classified as ‘Gair Mumkin Ma....
If a ‘gochar’ land is allotted for any other purpose permitted under law, that is to say, the classification of any pasture land is changed in terms of law, an equal area of land is mandatorily required to be set apart as ... pasture land. ... It cannot be said that if a parcel of land is set apart as ‘gochar’, it can never be used for any other purpose. 2. ... Now again....
A land which is reserved for pasture land and its nature cannot be changed except in extraordinary circumstances, which does not reflect from the proceedings in question and material on record. ... As referred above a pasture land cannot be converted for granting patta except in exceptional circumstances or inevitable conditions or it becomes necessary, however, none of such contingency is reflected from records and it appears that ....
It was also submitted that the land in question was allotted to the respondent, after getting it converted, from pasture land to non pasture land, and also after converting 6 bighas and 5 biswa of land, out of 9 bigha and 10 biswa land of Khasra No. 649/609, into pasture land in compensation to 4 bighas ... There is no Government land available in the village which can be #HL_STA....
State of Rajasthan & Ors., reported in 2017(2) RLW 1178 (Raj.) has specifically held that pasture land cannot be converted for any other purpose except for benefit of public at large. 11. ... The other argument of learned counsel for the petitioner that as per Gulab Kothari’s case (supra), the pasture land can only be converted for other purpose in the interest of public is concerned, we are of the view that construction of Shahid Smarak cannot be te....
converted to Gochar category and the loss caused to Gochar land Mumkin Bhakhar cannot be set apart and converted to Gochar land, appears to be flimsy ... Till the loss suffered by the Gochar land is compensated, the same cannot be allotted to the setting apart identical chunk of land for Gochar purposes.
(2) Where classification of any pasture land is changed under sub-rule(1), the Collector may set-apart an equal area of unoccupied cultivable Government land, if available, as time, land of equal dimension from Khasra No.491 was allotted for compensating the Gochar land. ... was allotted by way of compensating the reduction in Gochar land on account of above allotment. ... followi....
It is also submitted that even a land is pasture-land then the revenue authorities may allot the land for different purpose and the villagers can get alternate land reserved as pasture land but they cannot claim that the land should continue to be pasture-land. ... Once it is proved that the land is Gochar land then the allotment order passed i....
pasture land but they cannot claim that the land should sent to the Manager, Bangor Gochar Samiti, Didwana. ... It is also submitted that even a land is pasture-land then the revenue authorities may allot the land for different p style="position:
The learned counsel insisted that in case the construction work is allowed to be completed on the pasture land, no Gochar land would be left in the village. Further, as the site is within the Delhi Mumbai Industrial Corridor Project, unless the works are impeded at this stage, it would result in sheer wastage of public money. He, therefore, contended that by no means, the appellants/writ petitioners could be said to be estopped in law in bringing a challenge to the impugned action by invoking the writ jurisdiction of this Court.
He, therefore, contended that by no means, the appellants/writ petitioners could be said to be estopped in law in bringing a challenge to the impugned action by invoking the writ jurisdiction of this Court. Further, as the site is within the Delhi Mumbai Industrial Corridor Project, unless the works are impeded at this stage, it would result in sheer wastage of public money. The learned counsel insisted that in case the construction work is allowed to be completed on the pasture land, no Gochar land would be left in the village.
He further submitted that khasra No. 394 is a `gochar' land and such lands cannot be purchased or sold. 4. The learned counsel for the petitioner contended that the said `patta' was issued by the Sarpanch. Kasli to the non-petitioner, whereas Sarpanch has no right to issue patta on the gochar land (pasture land).
They have left the land as “Gochar-bhoomi”, i.e. as pasture land. The learned Board has cancelled the mutation made in favour of the petitioner, and has directed that the land in question be declared as Gochar (pasture land). The petitioner has also prayed that the land in question should be recorded in its name in view of two favourable orders passed earlier, namely order dated 1.11.1954, passed by the Sub Divisional Officer, Jhunjhunu (`the SDO' for short) and order dated 7.11.1983, an order passed by the Settlement Commissioner. Out of the total land, 1....
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