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…!
Gochar Land Cannot Be Used for Building Schools or Other Non-Grazing Purposes Without Proper Procedure The legal framework restricts the use of Gair Mumkin Gochar (pasture) land primarily for grazing and prohibits its diversion for non-agricultural purposes unless specific legal procedures are followed. For instance, the land cannot be allotted for any other purpose without prior approval, and 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 ["2023 0 Supreme(Raj) 451"]. Additionally, the land shall be used strictly for the purpose for which it is allotted, and construction or transfer without prior approval is prohibited ["2022 0 Supreme(Raj) 2535"].
Distance and Location Constraints for Land Allotment The courts have emphasized that land allotted for schools or public utility purposes should be within reasonable proximity to the village, typically within 2-3 km, and not at a distant location (20-30 km). It is held that the gochar land being at a far distance from the center of the village would not be convenient for the villagers ["2022 0 Supreme(Raj) 1942"]. Moreover, diversion of land located at significant distances or outside the permissible zone contravenes legal provisions and policy guidelines.
Legal Precedents and Case Law The courts have consistently upheld that diversion of gochar land for non-grazing purposes requires strict adherence to rules, including prior permission from competent authorities and proper documentation. For example, 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 ["2023 0 Supreme(Raj) 451"]. Also, the land which is recorded as gochar shall not be allotted except for the purpose of a public utility institution or for expansion of abadi ["2022 0 Supreme(Raj) 723"].
Prohibition on Building Schools on Gochar Land at Distant Locations Building schools or other public institutions on gochar land at a considerable distance from the village center, especially without following due legal process, is not permissible. Firstly, the gochar land cannot be allotted for any other purpose and secondly, the same being at a far distance from the center of the village would not be convenient for the villagers ["2022 0 Supreme(Raj) 1942"]. The courts have also noted that without reserving alternative gochar land, the land could not have been allotted in lieu of the land which has been allotted ["SHARAH NATHANIYAN GOCHAR BSADS vs STATE PIL and ORS - Rajasthan"].
Case Law on Land Allotment and Diversion The Supreme Court and High Courts have held that diversion of gochar land must follow statutory procedures, including prior permission and proper identification of alternative land. For example, the State Government has the power to dereserve or denotify gochar (village grazing land) under any other law, and such power is validly exercised, then the land will cease to be gochar ["2011 0 Supreme(SC) 45"]. Furthermore, the process for setting apart of the land in lieu of the gochar land has already been taken up by the revenue authorities and an equal land comprising of Khasra No. 1801/1602 has been set apart for the gochar purposes ["2022 0 Supreme(Raj) 1942"].
Analysis and ConclusionIn summary, the law prohibits the allotment of gochar land for building schools or other non-grazing purposes at distant locations (20-30 km away) without following proper legal procedures, including prior approval and identification of suitable alternative land within reasonable proximity. The courts have consistently reinforced that diversion at such distances is not permissible unless strict legal requirements are met, emphasizing proximity, proper documentation, and adherence to rules ["2023 0 Supreme(Raj) 1337"], ["2023 0 Supreme(Raj) 451"], ["2022 0 Supreme(Raj) 2535"], ["2022 0 Supreme(Raj) 1942"]. Therefore, land allotted for schools at a large distance from the village, especially on gochar land, is likely unlawful unless all procedural safeguards are observed.
In rural India, particularly in states like Rajasthan and Jharkhand, or plays a vital role in supporting livestock grazing, which is essential for the livelihood of villagers. However, disputes often arise when authorities attempt to repurpose this protected land for public utilities like schools, only to offer compensatory grazing land far away—say, 20-30 km distant. A common legal query is: land can't be allotted for building school and then giving land for at a distance of 20-30 kms is not permissible. Find a case law on this.
This blog post delves into the legal framework governing land, examines key case laws, and highlights why such distant transfers are typically not allowed without strict procedural compliance. Drawing from judicial precedents, we'll clarify the rules, procedures, and exceptions to help landowners, panchayats, and officials navigate these issues.
land, also known as pasture or grazing land, is a special category of government or common land reserved exclusively for cattle grazing. Under laws like the , it is safeguarded to ensure adequate grazing space—typically 1/2 bigha per cattle head in a village. 2008 0 Supreme(Raj) 2445
Diverting land for other uses, such as constructing schools or public institutions, is heavily restricted. The law mandates that any change in its character requires , a formal process involving:- Assessment of surplus land or loss of utility (e.g., due to encroachment or development).- Public notices inviting objections.- Formal orders from competent authorities. 2022 0 Supreme(Raj) 2535
Without this, allotting for a school and designating distant land as replacement is viewed as arbitrary and unlawful. 2022 0 Supreme(Raj) 723
The question at hand challenges whether land can be repurposed for a school while providing substitute grazing land 20-30 km away. Judicial rulings consistently hold that this is generally not permissible unless statutory procedures are meticulously followed.
Key principle: land's reservation is village-specific. Transferring its utility over long distances defeats the purpose, as villagers rely on proximate access for daily grazing. Simply executive orders or administrative decisions do not suffice; due process is mandatory. 2022 0 Supreme(Raj) 723 2022 0 Supreme(Raj) 2535
In one analysis, the court emphasized: of land must be in accordance with law, and that the land which has lost its character or is surplus can be used for other purposes, but such use must be legally sanctioned through proper . 2022 0 Supreme(Raj) 2535
follows specific rules, such as and of relevant acts:- Public Notice: Authorities must issue notices inviting objections from villagers. 2022 0 Supreme(Raj) 2535- Surplus Assessment: Prove the land is excess or has lost grazing utility.- Formal Order: Only then can it be de-reserved for alternative uses like schools.
, allows allotments for public utilities or national importance projects, but only post- and with adequate compensatory pasture. For instance, compensatory land must be suitable—not '' (unsuitable rocky land). 2023 0 Supreme(Raj) 3
Offering 20-30 km away is problematic because:- It inconveniences villagers, rendering it practically unusable.- Courts have noted that replacement must be in the same village or proximate, except in emergencies with valid reasons. 2020 0 Supreme(Jhk) 62
Learned counsel for the petitioners further submits that it is a settled law that the land can be utilized for any other purpose only in an emergent situation, that too, after declaring some other land as land in the same village. 2020 0 Supreme(Jhk) 62
In a pivotal ruling, the court held that must follow due process, and the land once de-reserved can be used for purposes other than grazing, but only after legal formalities. The Court emphasized that is not permissible merely on administrative or executive orders without statutory compliance. 2022 0 Supreme(Raj) 723
Similarly, another judgment clarified that transferring for non-grazing at 20-30 km without procedures is illegal. 2022 0 Supreme(Raj) 2535
Not all challenges succeed. In a PIL against allotting 451 bighas of for a grid substation (national importance), the court dismissed it, noting compliance with Rule 7 and surplus pasture (15 times required). 2023 0 Supreme(Raj) 3
Another case upheld land for Navodaya Vidyalaya after following procedures: The court found that the respondent-authorities settled the waste land in favor of Navodaya Vidyalaya after following the requisite procedure. 2012 0 Supreme(Jhk) 780
However, private schools face stricter scrutiny: Government land, particularly land or land belonging to another government school, cannot be allotted to a private body. 2026 Supreme(Online)(Ori) 433
In a PIL alleging violation of for school allotments, the court dismissed it for lack of public interest but affirmed allotments must align with rules. 2008 0 Supreme(Raj) 2445
Courts stress procedural sanctity:- possible even post-settlement with state sanction, but only in exceptional cases. 2020 0 Supreme(Jhk) 62- Encroachments or illegal sales require due process; can't be casually allotted. 2012 0 Supreme(Jhk) 1167
A Jharkhand case on government land encroachment reiterated: the state government must follow the law and due process. 2012 0 Supreme(Jhk) 1167
These cases reinforce that while public utilities like schools may justify diversion, distant compensatory land without invites challenges.
land cannot be allotted for schools with distant (20-30 km) replacement without strict under statutory procedures. Courts prioritize villager access, invalidating executive shortcuts. 2022 0 Supreme(Raj) 723 2022 0 Supreme(Raj) 2535
Key Takeaways:- requires public process and surplus proof.- Distant transfers are typically illegal.- Public utilities may qualify if compliant, but private entities rarely do.
This post provides general insights based on case laws and is not legal advice. Consult a qualified lawyer for specific cases.
References:1. 2022 0 Supreme(Raj) 723 – Protection and of .2. 2022 0 Supreme(Raj) 2535 – Procedural requirements.3. 2023 0 Supreme(Raj) 3, 2020 0 Supreme(Jhk) 62, and others as cited.
#GocharLandLaw, #LandAllotmentRules, #RajasthanTenancy
The Committee also recommended that a Panchayat Building will be constructed within the limit of 3 kms from village abadi. ... Brief facts of the case are that this petition has been filed against the recommendation dated 20.08.2020 and proposal sent by Tehsildar Samdadi on 13.10.2020 with regard to allotment of the land of Khasra No.592 of village Thakar Kheda, reserved as Gair Mumkin Gochar. ... This Court finds that the petitioners in their pleadings as well as in the prayer have #H....
The Gram Panchayat is also directed not to use the allotted land for any other purpose, except for the purpose it has been allotted. ... The District Collector, Barmer, thereafter, proceeded further and ultimately vide order dated 30.3.2021 has allotted 500 Sq. Meters of Gochar land of Khasra No.4114/3723 for the purpose of construction of Shahid Smarak in village Patodi while converting 500 Sq. ... It is submitted that in the present case#....
It is not the case of the appellant that the State is not competent to set apart Gairmumkin gochar land for allotment under the Rules of 1963. After hearing learned counsel for the appellant, we find that no ground is made out to interfere in the intra court appeal. ... Act, 1982 (Act No. 25 of 1982) or within the periphery of 2 kms. of a municipality, shall not be allotted except for the purpose of a public utility institution or f....
It was further submitted that the land allotted for compensating the reduction in the Gochar area is not meeting the requirements of the Rules because it is categorised as ‘Gair Mumkin Magri’ and is not suitable for grazing. ... the Gochar land. ... not be allotted except for the purpose of a public utility institution or for expansion of abadi. ... Provided that in case where the area of the land#HL_END....
The petitioner is a private unaided school, not a government or aided institution. The opposite parties argue that Government land, particularly Gochar land or land belonging to another government school, cannot be allotted to a private body. 11. ... of Kisam Gochar and also encroaching land belonging to a Government High School, and that neither the alienation case nor the encro....
It is not the case of the appellant that the gochar land fall short of the requirement. ... Before adverting to the facts of the present case, it is essential to consider the provisions of law and the precedent law pertaining to the “gochar/pasture land.” ... a government school. ... The permission of the State Government is not mandatory in the cases where the g....
Learned counsel for the petitioners submitted that the land has been allotted to the respondents in violation of Rules 6 and 7 of the Rules of 1955, and further submitted that alternate land allotted for Gochar land is not lying vacant, and school is not running on the land in question, hence ... Girls School, Police station and some other Govt. departments near the allotted #HL....
, mulraiyat or the landlord, as the case may be, to set aside the settlement and to make such resettlement as is permissible under this Act or any law or anything having the force of law in the Santal Parganas.” ... unutilized land in the village and not gochar, therefore, this Court is of the view that the case of the respondents-State is on the better footing than the case before the Hon’ble Apex Court. ... the petition be rejecte....
It has further been averred that firstly, the gochar land cannot be allotted for any other purpose and secondly, the same being at a far distance from the center of the village would not be convenient for the villagers. 3. ... As held in Samast Gramvasi's case (supra) by the Division Bench, it is the sole discretion of the administration to decide the issues as to where a government/public building is to be constructed. ... Secondly, the process for setting apart of t....
(v) The building constructed or the institution started on the allotted land shall be used for the benefit of the public, sale, subletting or transfer in any form of the allotted land and building constructed thereupon shall not be made without the prior approval of the allotting ... Class of land to be allotted. - Any unoccupied Government land may be allotted for any of the purposes mentioned i....
Learned counsel for the petitioners further submits that it is a settled law that the “Gochar” land can be utilized for any other purpose only in an emergent situation, that too, after declaring some other land as “Gochar” land in the same village. However in the present case, the State authorities have not followed the said settled principles of law. It is also submitted that the village- Bara where the land is proposed to be notified as “Gochar” is 15-20 km away from Rampur village. Since then the said land remained vacant and was being used for grazing purposes and water....
It is also submitted that the State Government is proceeding to take action in view of the illegal sale of the land by the Raiyats to the respondent no.8. It is also submitted that for that consent has been obtained from the villagers. It is also submitted that there is Gochar land for which land it will be allotted to the respondent no.8-Company only by following the procedure of the law and by ear-marking another Gochar land for the villagers.
If the land is not recorded as gochar or village grazing land, or if the land ceases to be shown as gochar or village grazing land in the Record-of-Rights for valid reasons, then the bar under section 38(1) will not apply. The High Court has also erroneously assumed that once a land is recorded as gochar, such land should forever be gochar. The High Court has erroneously assumed that as there is no provision in the Tenancy Act for dereserving gochar for other uses, the State Government has no power to dereserve any land recorded as gochar, under any circumstances and theref....
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