Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The recording of land as Gochar in official records is significant, and its alteration or de-reservation must adhere to legal guidelines; arbitrary changes are contested in courts (the manner of recording a land as gochar or the manner of de-reserving any land recorded as gochar is not governed or regulated by section 38 of the Tenancy Act ["State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45"]).
Analysis and Conclusion:
References:- ["Narendra Singh Bhati, S/o. Shri Lakh Singh Bhati VS State Of Rajasthan, Through The Secretary, Department Of Revenue, Secretariat, Jaipur (Raj. ) - Rajasthan"]- ["Jas Raj S/o Sita Ram VS State Of Rajasthan, Secretary, Department Of Revenue - Rajasthan"]- ["Omkarnand Purohit vs State of Odisha - Orissa"]- ["NARENDRA SINGH BHATI Vs STATE OF RAJASTHAN - Rajasthan"]- ["Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723"]- ["NARENDRA SINGH BHATI Vs STATE OF RAJASTHAN - Rajasthan"]- ["NARENDRA SINGH BHATI Vs STATE OF RAJASTHAN - Rajasthan"]- ["State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45"]- ["PREM MOHAN GAUR VS NATIONAL HIGHWAYS AUTHORITY OF INDIA - National Green Tribunal"]- ["PREM MOHAN GAUR VS NATIONAL HIGHWAYS AUTHORITY OF INDIA - National Green Tribunal"]- ["PREM MOHAN GAUR VS NATIONAL HIGHWAYS AUTHORITY OF INDIA - National Green Tribunal"]
In rural India, gochar land—designated for village grazing—plays a crucial role in sustaining livestock and community livelihoods. But what does the law say about its protection and use? The query CASES ON IMPORTANCE OF GOCHAR LAND highlights a pressing legal issue: how Indian courts safeguard this essential resource against diversion for other purposes. This blog post delves into key judicial decisions, statutory procedures, and principles emphasizing gochar land's public importance.
While this overview draws from established case law, it is for informational purposes only and not a substitute for professional legal advice. Consult a qualified lawyer for specific matters.
The importance of gochar land in Indian legal jurisprudence stems from its role as a vital village resource for grazing and community welfare. Courts stress strict procedural safeguards for its reservation, de-reservation, and use in public projects. Any deviation must minimize impact on this resource, prioritizing grazing needs. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845
Judicial rulings uniformly hold that gochar land should serve primary grazing functions. Public purpose projects must first explore waste or unutilized land: Any requirement of land for any public purpose should be met from available waste or unutilized land in the village and not gochar. Dharam Singh Gond S/o. late Shri Panch Ram VS State of Chhattisgarh through the Principal Secretary, Department of Revenue & Disaster Management - 2017 Supreme(Chh) 223Debiswar Soren VS State of Jharkhand - 2012 Supreme(Jhk) 780
These principles echo in cases like State of Jharkhand v. Pakur Jagran Manch (2011), where the Supreme Court noted: Any attempt by either the villagers or others to encroach upon or illegally convert the gochar to house plots or other non-grazing use should be resisted and firmly dealt with. Dharam Singh Gond S/o. late Shri Panch Ram VS State of Chhattisgarh through the Principal Secretary, Department of Revenue & Disaster Management - 2017 Supreme(Chh) 223
Laws mandate reserving at least 5% of village area as gochar. Changes require statutory adherence. The Supreme Court views de-reservation as a last resort, needing exceptional circumstances and alternative provisions. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845
In Chhattisgarh, under the Land Revenue Code (Sections 234-236), collectors must set apart land for nistar rights, including gochar, distinguishing it from mere government land. Smt. Kumari Bai vs Chairman, Board Of RevenueSmt. Kalyani Bai Yadav vs Chairman, Board Of Revenue
De-reservation involves rigorous steps:- Deputy Commissioner's report justifying need and lack of alternatives. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845- State Government sanction after villagers' objections, especially for common land. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845- Record-of-rights updates and reclassification. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45- Alternative gochar land to maintain 5% reservation. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845
A Rajasthan High Court case upheld allotment for a grid sub-station after compensating with equal land from Khasra No. 491: land of equal dimension from Khasra No.491 was allotted for compensating the Gochar land... following the due process of law. NARENDRA SINGH BHATI Vs STATE OF RAJASTHAN
For village common land, consent from the headman and jamabandi raiyats is typically necessary. ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723 However, government-recorded gochar may proceed via statutory routes without mandatory consent. ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845
In Jharkhand, courts expect governments to consult villagers before proceeding: The Government is expected to take into confidence the villagers and thereafter, may proceed in accordance with law for this land. Dashrath Gagrai @ Krishna Gagrai VS State of Jharkhand - 2012 Supreme(Jhk) 1167
Courts consistently protect gochar:- Diversions invalid without strict compliance. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723- Valid if land loses gochar character or is surplus, with process followed. ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845- Encroachments to be firmly addressed. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45
In another ruling, permission for government buildings on gochar wasn't always mandatory if for public facilities like medical centers: The permission of the State Government is not mandatory in the cases where the gochar/pasure land is sought to be allotted for the purpose of government officer of government building. KESHAR SINGH Vs STATE OF RAJASTHAN
The Supreme Court in forest-related matters reinforced: such dereservation of any government land reserved as gochar, should only be in exceptional circumstances and for valid reasons, having regard to importance of gochar in very village. Dharam Singh Gond S/o. late Shri Panch Ram VS State of Chhattisgarh through the Principal Secretary, Department of Revenue & Disaster Management - 2017 Supreme(Chh) 223
Rajasthan cases clarify gochar isn't inviolable: It is misnomer that the 'Gochar' land is of such magnanimity that the law does not permit its conversion. RAGHU PARAJA vs STATE OF ODISHA - 2025 Supreme(Online)(Ori) 4089
Public interest litigations on encroachments stress due process under acts like the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Dashrath Gagrai @ Krishna Gagrai VS State of Jharkhand - 2012 Supreme(Jhk) 1167
In Navodaya Vidyalaya transfers, waste land settlements were upheld under tenancy acts. Debiswar Soren VS State of Jharkhand - 2012 Supreme(Jhk) 780
Authorities allotting compensatory land for sub-stations or hospitals exemplify compliance. NARENDRA SINGH BHATI Vs STATE OF RAJASTHANKESHAR SINGH Vs STATE OF RAJASTHAN
Gochar land's legal fortress underscores its role in rural sustainability. Courts balance development with preservation, demanding procedural rigor. Key takeaways:- Treat de-reservation exceptionally.- Ensure alternatives and consultations.- Resist encroachments.- Favor waste lands for public needs.
Stay informed on evolving jurisprudence to protect village commons. For tailored guidance, seek expert counsel.
References:1. State of Jharkhand VS Pakur Jagran Manch - 2011 0 Supreme(SC) 45 - De-reservation principles.2. Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - 2022 0 Supreme(Raj) 723 - Public importance.3. ABHIRAM BEHERA VS STATE OF ORISSA - 2014 0 Supreme(Ori) 845 - Procedures and consent.4. Additional: Dharam Singh Gond S/o. late Shri Panch Ram VS State of Chhattisgarh through the Principal Secretary, Department of Revenue & Disaster Management - 2017 Supreme(Chh) 223, Ishwari Das VS State of Jharkhand - 2020 0 Supreme(Jhk) 62, NARENDRA SINGH BHATI Vs STATE OF RAJASTHAN, etc., as cited.
Note: Based on sourced legal documents; laws may vary by state.
#GocharLand, #IndianLandLaw, #VillageGrazing
the Gochar land. ... compensating the reduction in the Gochar land. ... The purpose of setting up the grid sub station has great sanctity and importance. ... At the same time, 451 Bighas of land from Khasra No.491, Village Kan Singh Ki Sid (classified as ‘Gair Mumkin Magra’) was allotted by way of compensating the reduction in Gochar land on account of above allotment. ... The petitioners seek to question validity of the action of the respondents in ....
Meters of Gochar land of Khasra No.4114/3723 for the purpose of construction of Shahid Smarak in village Patodi while converting 500 Sq. Meters of land of Khasra No.3717 as Gochar land. 6. ... It is submitted that since the land which is allotted for the purpose of construction of Shahid Smarak, is recorded as Gochar land, the District Collector, Barmer is the only competent authority to convert the Gochar land for....
The legal position that Lambardar Gountia had no right to transfer any interest over Gochar Kisam of land is not seriously disputed by the plaintiff. It is contended that the land leased out was not of Gochar Kisam. ... In this regard the first appellate Court has referred to the lease deed (Ext.1) and also the Hamid Settlement ROR (Ext.12) to find that the plot leased out was Gochar Kisam land. Most significantly, the plaintiff being examined as P.W.4 admitted that the land#....
time, land of equal dimension from Khasra No.491 was allotted for compensating the Gochar land. ... following the due process of law and that alternate land of equal measurement has been allotted for compensating the reduction in the Gochar land. ... was allotted by way of compensating the reduction in Gochar land on account of above allotment. ... The purpose of setting up the grid sub station has great sanctity and impo....
The permission of the State Government is not mandatory in the cases where the gochar/pasure land is sought to be allotted for the purpose of government officer of government building. 26. ... Now again 1.60 hectares land has been allotted for Community Health Center which would mean the reduction in gochar land and resultantly only 10 hectares of land would now remain for the purposes of gochar. ... The action of the government in allotting the #HL....
most suitable for setting up the medical facility of immense public importance. ... The permission of the State Government is not mandatory in the cases where the gochar/pasure land is sought to be allotted for the purpose of government officer of government building. ... The action of the government in allotting the land out of the present gochar land and setting apart compensatory chunk of land in some other khasra would ....
land in the village and not gochar.” ... of gochar in very village. ... with the government land. ... Collector to set apart land for exercise of Nistar right. ... of gochar land of village held as under:- span style
land in the village and not gochar.” ... of gochar in very village. ... with the government land. ... Collector to set apart land for exercise of Nistar right. ... of gochar land of village held as under:- span style
We should however note that such de-reservation of any government land reserved as gochar, should only be in exceptional circumstances and for valid reasons, having regard to the importance of gochar in every village. ... The High Court has also erroneously assumed that once a land is recorded as gochar, such land should forever be gochar. ... The manner of recording a land as gochar (or village grazing l....
3 or any Government land recorded as "Gochar" or any portion thereof. ... It is misnomer that the "Gochar" land is of such magnanimity that the law does not permit its conversion. ... As indicated hereinabove, the relief is restricted to an attempt on the part of the Administration in changing the nature and character of the "Gochar" land, but the averments, if taken into its true spirit, they pertain to allegation of organizing the festival "Parab" at the "Gochar" #....
We should however note that such dereservation of any government land reserved as gochar, should only be in exceptional circumstances and for valid reasons, having regard to the importance of gochar in every village. When any “Gochar” land is deserved, the State Government should also make available an alternative land as “Gochar”. Moreover, since the “Gochar” land is treated as common village land, the consent of the village headman and the jamabandi raiyats is also required to be obtained before de-reservation of the “Gochar” land. Any attempt by either ....
The Supreme Court in the matter of State of Jharkhand v. Pakur Jagran Manch and others, (2011) 2 SCC 591 highlighting the importance of gochar land of village held as under:- “23. Any requirement of land for any public purpose should be met from available waste or unutilized land in the village and not gochar.” Any attempt by either the villagers or others to encroach upon or illegally convert the gochar to house plots or other non-grazing use should be resisted and firmly dealt with. We should however note that such dereservation of any government land reserved as gochar, should o....
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. The quantum of such surplus Gochar land is around Ac.1.418 decimals. 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. So on....
The Government is expected to take into confidence the villagers and thereafter, may proceed in accordance with law for this land. So far as the transfer of land of the Raiyats is concerned, the action can be taken only in accordance with law and that may by cancellation of the Raiyat rights and resuming the land by the State Government and in that situation the land can be transferred to only those persons who are eligible to get the land under the land laws of the State of Jharkhand and if the land laws will not permit, the respondent no.8 may not get the land. So far as Gochar l....
Any requirement of land for any public purpose should be met from available waste or unutilized land in the village and not gochar. Any attempt by either the villagers or others to encroach upon or illegally convert the gochar to house plots or other non-grazing use should be resisted and firmly dealt with. We should however note that such dereservation of any government land reserved as gochar, should only be in exceptional circumstances and for valid reasons, having regard to the importance of gochar in very village.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
