IQBAL AHMAD v. DEPUTY DIRECTOR OF CONSOLIDATION, DEORIA
2006-07-17
S.N.SRIVASTAVA
body2006
DigiLaw.ai
JUDGMENT Honble S.N. Srivastava. J.—By an order dated 25th February, 2005 this Court made the following orders : “..........State Government is directed to make a thorough investigation of each village of each District throughout State of Uttar Pradesh in respect of Forests, tanks, ponds and Garhi, water channel and riverbed etc. on the basis of the revenue records of the date of vesting.....” 2. In compliance of aforesaid order, learned Standing Counsel put forth an affidavit. In paragraph-2 of the said affidavit, it has been averred that the land, which is subject matter of writ petition, situated in Gaon Sabha Dighara Sumali, Tappa Mail, Pargana Salempur Majhwara, Tehsil Salempur, District Deoria has been earmarked and restored to the possession of Gaon Sabha in the presence of Village Pradhan. Learned Standing Counsel put forth yet another affidavit sworn by Devendra Nath Verma, Additional Land Reform Commissioner, Board of Revenue, U.P., Lucknow alongwith which copies of Circulars dated 29.11.2005 and 20.12.2005 have been annexed. The learned Standing Counsel apprised the Court that by aforesaid Circulars a peremptory direction has been issued to all the District Magistrates to provide information to District Headquarters in regard to Forest, Ponds, Pokhars, Water Channels, Wells and Water Reservoirs etc. In Paragraph-9 of the said Affidavit, it has been averred that in all 15404 illegal encroachments were removed from the land recorded as Ponds, Pokhars, Water Channels, Water and Reserved area etc. and about 10,006 such encroachments are found to be still subsisting on the spot out of which in most of the cases, the matter is sub-judice in judicial proceeding. Lastly, the Authorities prayed for six months more time for review of the status of Ponds etc. 3. This Court by a subsequent order dated 6th March, 2006 made certain clarifications in the earlier orders forming part of the original order dated 25th February, 2005 by which learned Standing Counsel was directed to file compliance report. 4.
Lastly, the Authorities prayed for six months more time for review of the status of Ponds etc. 3. This Court by a subsequent order dated 6th March, 2006 made certain clarifications in the earlier orders forming part of the original order dated 25th February, 2005 by which learned Standing Counsel was directed to file compliance report. 4. When the case was taken up today, a report having complexion of compliance report was filed by Vinod Kumar Sharma, working as Officer on Special Duty, Board of Revenue, U.P., Lucknow in which it was spelt out that the authorities scanned relevant Khatauni and detected 3,92,148.586 Hectares land recorded as Talabs, Pokhars, Jheel, Kuan and Water Preserver to be in un-authorized possession and further in follow up action, also removed encroachments by launching special drive from the land the area of which admeasures 27515 Hectares. Copies of the reports received from the District Headquarters annexing details prepared on the basis of report submitted by the District Magistrates have been annexed alongwith this affidavit. 5. The averments made in the affidavit further are that the Board of Revenue has addressed a letter to Secretary, Revenue seeking directions/guidelines in respect of clarifications made by the order dated 6th March, 2006 and further that partial compliance of the order of the Court has been made and for full compliance some more time has been sought. 6. I perused the reports received from some of the District Magistrates annexed alongwith this affidavit. 7. From perusal of entire material available on record upto now, it transpires that the orders of this Court remain yet to be fully complied with. Inasmuch as in the compliance report, what has been shown are the details of the Talab etc. covered by water in some Districts and in some Villages only and complete details of such Plots are still wanting therein. Further, from perusal of the compliance report received from the District Magistrates, it transpires that in some Districts, the report has been fleshed up with details on the basis of settlement year entry. It would also transpire that the details contained in the compliance report about forest land are sketchy and nebulous. 8.
Further, from perusal of the compliance report received from the District Magistrates, it transpires that in some Districts, the report has been fleshed up with details on the basis of settlement year entry. It would also transpire that the details contained in the compliance report about forest land are sketchy and nebulous. 8. As no Bhumidhari right and title could accrue in the land covered by Section 132 of the U.P. Zamindari Abolition and Land Reforms Act and as such it is hereby directed that all the District Magistrates of the State of U.P. shall get complete reports prepared through Tehsil authorities i.e. after receiving the report from Lekhpals duly verified by Kanungo/Revenue Inspectors counter signed by Naib Tehsildars giving therein following details : 9. The details shall be provided in respect of all the Talabs etc. of the Districts on the basis of record of date of vesting and if any settlement was made subsequently on the basis of settlement records, the same shall be verified by a Committee constituted by the District Magistrates in their discretion under the stewardship of Chief Revenue Officer, and other subordinate officers such as Sub Divisional Officer of each Sub Division and any other subordinate officer to be nominated by the District Magistrate for the purpose. All the records so prepared shall be signed by the Lekhpals/Revenue Inspectors and Naib Tehsildar and will be processed through Tehsildars. Such reports shall be submitted to this Court by all the District Magistrates through any District Authority not below the rank of Sub Divisional Officers within a period of two months from today. The compliance report shall be routed through the District Magistrate. 10. It has also been brought to the notice of the Court through interveners in this writ petition that a number of persons are still exerting their influence to occupy the ponds etc. and are also making constructions thereon. 11. In view of the above, it is hereby directed that all the District Magistrates shall take such effective steps as not to permit any person to illegally occupy or make any constructions over the land mentioned as Forest, Talab, Water Channels, Riverbed and Water reservoir etc. on the date of vesting. 12. Considering the magnitude of the problems of illegal occupation of the land pertaining to Talab etc.
on the date of vesting. 12. Considering the magnitude of the problems of illegal occupation of the land pertaining to Talab etc. it is desirable that all the District Magistrates will establish a Cell in each District to look after these affairs under their supervision. The State of U.P. may also issue peremptory directions to all the District Magistrates to take such effective steps in this regard as to scotch the possibility of further illegal and unauthorized possession and occupation of the land relating to pond etc. in their respective area. 13. The matter shall be listed on 4th October, 2006 for monitoring the compliance in terms of the directions as above. 14. Certified copies of the order be supplied to the Chief Standing Counsel within two days from the date of receipt of record in the office. Order Accordingly. ———