Gaon Sabha, Chak Lal Dhar Azamgarh v. D. D. C. Azamgarh
1989-12-13
B.L.YADAV
body1989
DigiLaw.ai
JUDGMENT : B.L.Yadav, J. 1. By the present writ petition under Article 226 of the Constitution a reference under section 48 (3) of the U. P. Consolidation of Holdings Act (hereinafter called 'Act') passed by Deputy Director of Consolidation was sought to be quashed by issuing a writ of certiorari. 2. Under the impugned judgment plot No. 204/1-00 has been reserved by the Assistant Consolidation Officer for village artisans (i. e. Kumhars) to dig out land for preparing earthenware. The learned counsel urged that such reservation of the land was not contemplated under section 8-A of the Act while preparing the Statement of Principles, nor the reservation of about one acre area in favour of the village artisans was contemplated by Rule 24-A of the U. P. Consolidation of Holdings Rules, 1954 (hereinafter called 'Rules'). Rule 24-A has been incorrectly interpreted. The learned Standing Counsel on the other hand supported the impugned order and urged that the construction of Rule 24-A was correct. 3. Learned counsel for the parties agreed that the petition may be decided on merits. 4. Under Section 8-A (2) of the Rules it has been provided that Statement of Principles shall also contain the land to be earmarked for extension of abadi including the areas for abadi site for Harijans and landless persons in the unit and for such other public purposes as may be prescribed and that the basis on which the tenure holders will contribute land for extension of abadi and for other public purposes was also to be contained in the Statement of Principles. Rule 24-A has been framed under Section 8-A of the Act. Under Rule 24-A (2) it has been provided that besides reservation of the land for extention of abadi including areas for abadi sites for Harijans and landless persons in the unit there shall be further area which can be reserved according to the needs of each unit for the purposes indicated including manure pits, pasture lands, threshing floor, playground etc. 5. Ex Abundanti cautela, the provisions of Rule 24-A are set out : "24-A. Section 8-A and 54 (1). The 'Statement of Principles' shall be prepared in his own hand in C. H. Form 21 by the Assistant Consolidation Officer in consultation with the Consolidation Committee and after making enquiries from as many tenure-holders of the unit as he may be able to collect.
The 'Statement of Principles' shall be prepared in his own hand in C. H. Form 21 by the Assistant Consolidation Officer in consultation with the Consolidation Committee and after making enquiries from as many tenure-holders of the unit as he may be able to collect. The statement shall contain reasons for the principles incorporated therein and shall be accompanied by a copy of the map of the unit which shall show : (i) "Standard Plots" of the units as determined under rule 20-A. (ii) the existing permanent features, such as abadi sites, canals, their distributories alongwith field channels (gools), roads, groves, wells, nalas, rivers, graveyards, cremation grounds and other areas used for public purposes; (iii) the additions and alterations proposed in the site, alignment or dimensions of any of the items mentioned in clause (ii), and (iv) areas to be earmarked for any other public purposes. (2) Besides reservation of lands for extension of Abadi, including areas for Abadi sites for Harijans and landless persons in the unit, land may be reserved according to the needs of each unit for the following public purposes; (i) Manure pits; (ii) roads, village and inter-village Rastas; (Hi) pasture lands; (iv) threshing-floor; (v) play ground; (vi) primary and other schools; (vii) hospitals; (viii) Panchayat ghars; (ix) plantation of trees; (x) cremation and graveyards; (xi) water channels (Gools or nalis) for irrigation purposes; (xii) flying sites; and (xiii) any other objects of similar nature for which reservation of land may be considered necessary in the interest of the tenure holders of the unit. (3) During the course of the preparation of the Statement of Principles every specific problems of the unit having a bearing on equitable allotment of chaks shall receive the attention of the Assistant Consolidation Officer and the Consolidation Committee. The principles on which such problem are proposed to be reserved should be in consonance with the provisions of the Act and the Rules, and must be incorporated in the statement. The statement shall also show the details of the 'Standard Plots' determind under rule 20-A. (4) If there is a difference of opinion between the Assistant Consolidation Officer and the Consolidation Committee on any of the terms of the Statement of Principles, the Assistant Consolidation Officer shall prepare a note covering the points of difference and forward it to the Consolidation Officer.
(5) If the Consolidation Officer is unable to resolve the difference between the Assistant Consolidation Officer and the Consolidation Committee, he shall forward the record to the Settlement Officer, Consolidation, together with his opinion on each point of difference. (6) The Settlement Officer, Consolidation, shall after hearing the Consolidation Committee give his decision on the points referred to him under sub-rule (5)". 6. Under Rule 24-A (2) (xiii) it has been specifically provided that for any object of the similar nature for which reservation of the land may be considered necessary in the interest of tenure holders of the unit for that purposes also reservation of the land can be made. The interpretation of sub-clause (xiii) of sub-rule (2) of Rule 24-A has to be made keeping in view that avowed object of our Constitution is to secure to all its citizens, justice, social and political. Further ours is a welfare-State which is manifest by Preamble of the Constitution and Article 38 and other provisions of the Constitution. Every citizen of the Country has got fundamental rights under Article 19 (1) (g) of the Constitution to practice any profession or to carry out any occupation, trade or business State has to see that no impediment is created with the profession, occupation, trade or business of citizens unless it becomes of course against principles of justice or the object of the Constitution keeping in view the provisions of Article 19 (5) and (6). In the present case as the village artisans i.e. Kumbhars etc. who prepare earthenware no doubt it is their individual occupation, trade or business but by that society at large is benefited. In a country like ours these earthenwares are used on ceremonial and pious occasions including worship of deities and idols. Matter can be viewed from the point of view of interpretation of Rule 24-A (2) (xiii) of the Rules. Even though no specific mention of any public purpose has been made under Rule 24-A (XIII), prior to that different village land has been indicated for different purposes such as for roads etc., hospitals, play grounds etc. whereas sub-clause 2 (XIII) provides any other objects in the interest of the tenure holders, of the unit.
Even though no specific mention of any public purpose has been made under Rule 24-A (XIII), prior to that different village land has been indicated for different purposes such as for roads etc., hospitals, play grounds etc. whereas sub-clause 2 (XIII) provides any other objects in the interest of the tenure holders, of the unit. It is well known principle that the intention of the legislature cannot be stipulated, rather it has to be ascertained from the language used and as different variety of public purpose has been indicated above, similar public purpose has to be assumed under Rule 24-A (2) (XIII) also. This principle is contained under maxim 'Ejusdem Generis' which means of the same kind and the other maxim is Noscitur a Sociis' which means a thing is known by its companions. Applying these principles contained in these maxims while interpreting Rule 24-A (2) (XIII) it is clear that similar object and public purpose be assumed as mentioned in earlier clauses. The court has a duty to interpet the language of a statute as it stands so that it may be consistent with the object of the Act and the Rules. In Smelting Co. of Austrelia v. Commissioner of Revenue (1897) 1 QB 175 it was observed : "Where general words immediately follow and are closely associated with special words, there meaning must be limited by reference to the preceding words and will be presumed to be restricted to the same genus as those specific words" 7. In fact I am of the view that Ejusdem Generis rule is of language employed for the purposes of interpretation serves as an aid to discover the intendment of legislature. IN the instant case Rule 24-A (2) (XIII) has to be interpreted consistent with the object of public purpose as enumerated earlier and the only inescapable conclusion is that the land reserved for village artisans to prepare earthenware is substantially for public purpose and such allotment made by the Assistant Consolidation Officer is consistent with the object of the legislature envisaged by the language employed under Rule 24-A (2) (XIII) of the Rules, therefore, no infirmity or illegality appears to be in the impugned order. 8.
8. Apart from aforesaid principles of interpretation while interpreting particular statute one has to keep in mind the background of the Indian Society and from time immemorial these village artisans carried out their trade or business by digging out land from the land of ex-zamindars or from some other similar land after the date of vesting. It is necessary rather imperative that there must be some place from where they may dig out land. As the consolidation operations are final and once the land has been allotted for the public purposes, there shall be no land left for the use of village artisans, hence it is the pressing necessary that for the same purpose reservation of land may be made in the exercise of powers under Rule 24-A (2) (XIII) of the Rules. In view of the discussions made above, impugned order cannot be said to be suffering from manifest error apparent on the face of record. Writ petition fails and is dismissed. There shall be no order as to costs. Petition dismissed.