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Madhya Pradesh High Court · body

2008 DIGILAW 332 (MP)

Ekta Parishad (NGO) v. State of M. P.

2008-02-28

A.K.GOHIL, SANJAY YADAV

body2008
ORDER Gohil, J. -- 1. Ekta Parishad, NGO, which is a mass based social organization dedicated to the Gandhian principle of non-violence with the aim of assisting people to gain control over livelihood resources such as land, water and forest and, on the principle of Gram Swaraj, Gram Swavalamban (local self-reliance), has filed this Probono Publico Petition under Article 226/227 of the Constitution of India for a relief in favour of the members of Scheduled Castes, Scheduled Tribes and other backward classes to protect their possession over the lands allotted by the Government on patta under the various beneficiary schemes formulated by the State of M.P. and have sought further direction to remove all the encroachments from the lands allotted to them and further with a prayer to deliver possession to them and to provide security. 2. In the petition it was stated that the aforesaid Institution Ekta Parishad is working in the field to help poor and has taken up a land rights campaign to assist poor people in gaining control over their livelihood resources. It was stated that the petitioner society is working in more than 66 cities in 8 States touching 4,000 villages situated in the remote places covering the population of 30 lacs. The society is also running its social activities for upliftment of the poor members of Scheduled Castes, Scheduled Tribes and other backward classes in all over the country and also working in the field of generating employment to the unemployed poor villagers. Social Worker Shri P. V. Rajgopal is the National Chairman of the Society and other social worker Dr. Ram Singh Parmar is the National Convener and Smt. Shriddha Kashyap, Shri Uday Bhan Singh and Dr. Harendra Sharma are also assisting them. In the petition it is submitted that pursuant to the decision of the State Government to allot land to the landless persons belonging to the Scheduled Castes, Scheduled Tribes and other backward classes, the Government has allotted land to the landless needy persons, but it was submitted that there are various irregularities in the allotment of the lands committed by the revenue authorities. Merely paper formalities have been done and no steps have been taken to see that the land is actually given in their possession to cultivate over the said land. Merely paper formalities have been done and no steps have been taken to see that the land is actually given in their possession to cultivate over the said land. It was further submitted that in the name of Scheduled Castes, Scheduled Tribes and other backward classes, Bhu-mafia and encroachers are actually enjoying the possession over the land by using their influence and muscle power and in many a case, after allotment the possession has not been handed over to them, therefore, they are unable to cultivate and earn their livelihood. 3. The State has not filed any detailed reply of the petition, but some reports from the districts were filed by the State Government and these reports were not found satisfactory. On 2.4.2007, this Court observed that the Collector and SP of all districts are not taking interest in this matter. Therefore, a direction was issued that the respondents State shall hold Tehsil-wise survey in every District separately, Collector of districts Gwalior, Bhind, Morena, Shivpuri, Guna, Sheopur, Datia, Vidisha and Ashok Nagar, falling within the jurisdiction of this Bench, to constitute a Committee at each Tehsil level within 15 days and will submit the monthly reports to the Collectors and Collectors will submit the report to the High Court on affidavit. It was further directed that Tehsil level committee will include Tehsildar, SDO or senior most police officer, agricultural extension officer, land record officer and forest officer posted at Tehsil. Collectors will supervise the work of committee. The Tehsil level committee will make survey of entire Tehsil and prepare a report that how much land on pattas have been allotted to the members of the Scheduled Castes and Scheduled Tribes including OBCs for their livelihood, whether the patta holders are actually in possession over the said land or land has been encroached upon by Bhu-mafia or by influential persons or by unsocial elements or patta holders have sold it to the other persons. It was further directed that the Tehsil level committee will remove the encroachments of other persons after due enquiry. It was further directed that the Tehsil level committee will remove the encroachments of other persons after due enquiry. It was further directed that Commissioners of Gwalior Division and Chambal Division will supervise the work of each District and will ensure that the land will remain in physical possession of the allottees of the pattas as they are the beneficiaries of the land and all the encroachment from the land shall also be removed and the report will be produced in the Court. 4. There is no dispute that the petitioner society - Ekta Parishad, is a mass based society dedicated to the Gandhian principle of non-violence with the aim of assisting people to gain control over livelihood resources such as land, water and forest and they have also launched a land-wise campaign. From the literature filed on record it appears that the petitioner as an NGO has done a commendable work in the State with a view to help the poor people of this State, particularly belonging to the Scheduled Castes, Scheduled Tribes and other backward classes. Therefore, we are of the view that this petition which has been filed is really in the public interest and for that we record our appreciation to the petitioner society. 5. Shri Brijesh Sharma, learned Government Advocate placed before us District-wise details. He submitted that as per the directions issued by this Court on 2.4.2007, Tehsil level committees were constituted in every district and a detailed survey was done. He further submitted that as per the provisions of M.P. Land Revenue Code, only the members of the SC and ST are entitled to get pattas on priority basis over the State land and no priority has been fixed to the members of OBC. It is further submitted that the land which has been allotted is basically a Charnoi land, which was converted as per the policy of the Government and allotted to the members of SC and ST. The District Collectors have submitted their reports about allotment of land on affidavits. According to the reports of Collectors, position in each district is as follows: (1) District Morena -- As per the report submitted by Collector Morena, in District Morena, six committees were constituted for Tehsil level for tehsil Sabalagarh, Kailaras, Joura, Morena, Ambah and Porsa. The District Collectors have submitted their reports about allotment of land on affidavits. According to the reports of Collectors, position in each district is as follows: (1) District Morena -- As per the report submitted by Collector Morena, in District Morena, six committees were constituted for Tehsil level for tehsil Sabalagarh, Kailaras, Joura, Morena, Ambah and Porsa. State of M.P. has allotted total 14,662 pattas to the landless persons belonging to the members of Scheduled Castes, Scheduled Tribes admeasuring area of 10,942.32 hectare. It is further submitted that out of 14,662 pattas, 432 persons could not take possession over the allotted land in Morena districts because of the various reasons. It was submitted that around 139 cases are pending in different Courts and some cases are pending before the Revenue Courts, but rest of the persons have already received possession and they are satisfactorily cultivating over the land. On verification it was also found that in the District Morena, most of the land is in possession of the allottees and there is no encroachment on their land. (2) District Datia -- As per the report submitted by Collector Datia, 5,204 pattas have been granted to the members of SC, 409 pattas have been granted to the members of ST and 1,743 pattas have been granted to the members of OBC, thus in all total 7,356 pattas have been granted and 4,531.98 hectare land have been allotted to them. All the patta holders are having their possession over their respective land and they are engaged in agricultural operations thereon. During verification, no encroachment of any other person was found over the land of allottees and their land is free from all kind of encroachment. (3) District Guna -- Collector Guna has submitted Tehsil-wise report of five tehsils and on 1.12.2007 he has filed additional affidavit, in which he has stated that in District Guna, total 23,891 pattas have been granted to the members of SC and 19,030 pattas have been granted to the members of ST, 48,577 pattas have been granted to the members of OBC and therefore in district Guna total 91,498 pattas have been granted and 1,09,455.880 hectare land have been allotted. The respective Tehsil committees have made survey and verified that all the pattas are free from any kind of encroachment or interference by Bhu-mafia and muscle power. The respective Tehsil committees have made survey and verified that all the pattas are free from any kind of encroachment or interference by Bhu-mafia and muscle power. All the pattas holders are having actual possession over their allotted land. Collector has mentioned that in 248 cases it was found that patta holders have sold their land to other persons. As per the report dated 14.12.2007 submitted by the Collector Guna, it is mentioned that enquiry against 248 persons is pending and after completion of enquiry, suitable action shall be taken against them. (4) District Ashok Nagar -- Collector Ashok Nagar has also submitted a consolidated report, according to which in Tehsil Ashok Nagar, Isagarh, Mungavli and Chanderi, in 904 villages, total 13,624 pattas have been granted and 11,436.700 hectare of land has been allotted to them, out of which over 747 pattas of total land of 654.075 hectare, encroachment was found and encroachment of six pattas of land has been removed. It is submitted in the report that in 870 cases, the beneficiaries could not get possession over the land, in which total 763.138 hectare of land is involved. Various reasons have been assigned, in which it is submitted that the land of 423 patta holders was not cultivable. Land has been allotted to 37 outsider agriculturist and there is dispute over some of the lands, in which the High Court and other civil Courts have granted stay and in some of the matters Revenue Commissioner and Revenue Courts have also granted stay. Therefore, as per the report of Ashok Nagar, it is pertinent that the land, which has been allotted to the landless persons is not cultivable land and in Tehsil Mungavli some land was also found in possession of influential persons. Therefore, suitable direction are issued to the Collector Ashok Nagar that he will try to allot Government land to the landless persons, which is cultivable and will ensure that the cases, which are pending in the Courts, hearing is expedited and special officer is appointed to look after the Court cases and effective action is taken by the State. If it is found that the land, which is allotted to the landless persons, belongs to some other persons, efforts shall be made to allot some other land. If it is found that the land, which is allotted to the landless persons, belongs to some other persons, efforts shall be made to allot some other land. If the land is not available in one Tehsil, after the recommendations of the district/State level committee, the Collector may take their consent and if they arc in a position to move out from a particular Tehsil, the land can also be allotted to them out side the Tehsil. (5) District Vidisha -- Collector Vidisha has produced a detailed report. In all the seven Tehsils falling within the jurisdiction of Vidisha District, the total pattas have been granted to 25,221 members of SC. ST and OBC and total area of 22,995.365 hectare have been allotted to them and possession have also been given to 24,934 allot tees. Only in 287 cases over 248.947 hectare of land the possession could not be delivered to the allottees. Enquiry was directed and thereafter in 27 cases possession has been delivered and it was found that in most of the cases, the allotted land is in possession of the allottees and the same has not been encroached upon either by antisocial elements or influential persons. It is also mentioned in the report that in 276 cases the pattas have been cancelled on various reasons and it was found that 4 persons have transferred their land to some other persons, in which enquiry is pending and action is being taken. It was further submitted that 24,683 allottees are having actual possession over the land allotted to them admeasuring 22,513.519 hectare and they are also engaged in agricultural operation thereon. Learned Government Advocate submitted that actual figures have been submitted by Collector Vidisha, in which disputes are pending in the Court and it is submitted that in very few number of cases, there is litigation, which is pending in the Court. (6) District Gwalior -- Collector Gwalior has submitted the report including all the three Tehsils of Gwalior, Bhitarwar and Dabra, according to which total 9,434 pattas have been granted and total 9,024.188 hectare land have been allotted to the beneficiaries belonging to SC, ST and OBC. It is further submitted that out of 5,159 pattas granted to the members of SC, encroachment was found on only 2 acres of land which have been removed. It is further submitted that out of 5,159 pattas granted to the members of SC, encroachment was found on only 2 acres of land which have been removed. In Tehsil Bhitarwar, one member of SC has transferred 0.400 hectare of land on which action is being taken by Tehsildar and the rest of the land is in possession of the beneficiaries or Patta holders and they are cultivating thereon. (7) District Shivpuri -- Collector Shivpuri has also tiled affidavit and submitted the report, according to which they have granted 18,483 pattas to the members of the Scheduled Castes. 13.576 pattas to the members of Scheduled Tribes and 1, 186 pattas to the other backward classes and have granted total 33,245 pattas and have allotted total land of 30.350.09 hectares to the landless persons of the aforesaid classes. It was also submitted on affidavit that out of total 33,331 pattas granted by the State in the districts, 32,122 lessees are in possession over the land. Out of the 209 patta holders, 123 cases are pending before the High Court or Commissioner Gwalior Division and because of the litigation pending the possession could not be delivered to them and action is being taken in the matter of 86 patta holders under the orders of High Court. (8) District Bhind -- Collector Bhind has submitted that they have granted patta to 5,647 members of SC and one patta has been granted to member of ST and 897 to other backward classes. Thus, total 6,545 pattas have been granted to the landless persons and have allotted total land of 6,970.09 hectare to the landless persons out of which 6,545 lessees are in possession over the land and in six matters, the possession could not be delivered to the allottees because of the stay by the civil Court and the proceedings for delivery of possession is pending. (9) District Sheopur -- As per the report submitted by the Collector Sheopur, in District Sheopur total 16,339 pattas have been granted and total land of 17,389.00 hectare have been allotted, out of which 9,573 patta holders have taken possession over 10,703.00 hectare of land and 1,027 persons could not get possession over the allotted land and 4,308 pattas could not be verified uptil now, in which 4,623.00 hectare land is involved. 6. 6. From the aforesaid reports submitted by the State of M.P. it is clear that in 9 districts, State has granted total 2, 17,924 pattas to landless persons of weaker sections of society, particularly to SC, ST and OBC and have allotted 2,23,095.608 hectare of land to them and in most of the cases the allottees are in possession and doing agriculture thereon. The situation in the District Sheopur is not satisfactory. In district Sheopur committee could not ascertain whether allottees are in possession over the respective land or not and 4,308 pattas could not be verified. Therefore in view of the report, Collector Sheopur is directed to complete the verification of 4,308 pattas and submit the report before the Registrar within 30 days and if there is no dispute or the allotment is not stayed by any of the Courts, then the possession should also be delivered to 1,027 allottees of their respective land, which has been allotted to them. But we have noticed that by and large in other districts situation is satisfactory and most of the allottees have already received possession over the land, and are involved in agricultural operations. 7. From these reports submitted by the Collectors of 9 districts, it is also clear that most of the patta holders are in possession over the land and they have not transferred the land to other persons. There are very few cases in which possession have not been delivered to the allottees. This submission of the learned counsel for the petitioner that the most of the allottees or the lessee are not getting the fruits of the allotment is not found correct from the report submitted by the various District Collectors before us. From the reports it is clear that the State has done a good job in the aforesaid districts in the matter of allotments and handing over possessions. Reports reveal that the State is conscious about the problem of the weaker sections of the society and desirous to help them. Tehsil level committees, which were constituted by the Court vide order dated 2.4.2007 have also done remarkable job of verification of pattas, needs to be appreciated. Reports reveal that the State is conscious about the problem of the weaker sections of the society and desirous to help them. Tehsil level committees, which were constituted by the Court vide order dated 2.4.2007 have also done remarkable job of verification of pattas, needs to be appreciated. Though the Collectors have not clarified this position before the Court that in each Tehsil or District, how many landless persons had applied for allotment, how many applications were received and out of which how many landless persons of weaker sections of society including SC, ST and OBCs could not get the land uptil now and how many applications are still pending and how they would be dealt with. But any how, it appears that the State of M.P. and Collectors are conscious and vigilant about the problem of the weaker sections of the society. 8. Indian Constitution inscribes justice as first promise to the republic. Preamble of the Constitution, which starts with these lines: "We the people of India ... and to secure to all its citizens justice; social, economic and political. As per decision in the case of Kesavananda Bharti v. State of Kerala [ AIR 1973 SC 1461 ], preamble is the part of basic feature of the Constitution. In the preamble, there is commitment by the people for the people of this country to secure economic justice to all citizens. With a view to achieve the goal of economic justice, it is necessary that weaker section of the society, particularly landless persons of all classes including SC, ST and other backward classes should be provided means of livelihood, otherwise the commitment of the Constitution makers to provide economic justice cannot be achieved. The allotment of the land to the landless persons of the backward classes is not like a distribution of bountry by the Government, but it is their constitutional right to get means of livelihood. Distribution of land can be one of the mode to provide means of livelihood to an illiterate landless villager. Part IV of the Constitution provides about the directive principles of State policy and Article 38 of the Constitution defines the unique concept of "Welfare State". According to us, the mandate through the directive principles of State policy is to all the executive State Governments and democratic functionaries in the country to work for achieving that goal. Part IV of the Constitution provides about the directive principles of State policy and Article 38 of the Constitution defines the unique concept of "Welfare State". According to us, the mandate through the directive principles of State policy is to all the executive State Governments and democratic functionaries in the country to work for achieving that goal. Fundamental rights provide guarantee to the citizens but directive principles of the State policy is a commitment of Welfare State to the people of this country to achieve the goal of justice including the economic justice. Constitutional mandate enshrined under the directive principles of State policy is not merely an empty slogan or a paper formality, but a dream of the Constitution makers to bring every citizen at par on economic front and to bridge the gap between the haves and have nots. Constitution makers have designed the Constitution and have provided a permanent manifesto in the shape of Part IV Directive Principles of State policy to all political parties in power in the country to follow the same as a solemn duty. Needless to add, the vision of constitution makers was so foresighted in making the constitution and accordingly they have fixed target to all the State functionaries and democratic rulers to achieve that cherished dream through the directive principles of State policy. There cannot be any equality before law, unless an opportunity is provided to all the citizens including those who are socially, economically and educationally backward to develop resources and means of livelihood. Thus, the goal of economic justice as enshrined under the Constitution cannot be achieved, nor the dream can be fulfilled unless the means of livelihood are provided to the landless persons of weaker sections of the society. Therefore the allotment of land to the landless persons is a step by the Government to provide them right to life which includes right to livelihood and the aforesaid constitutional goal also cannot remain mere empty formality, but it has to be given a forceful meaning with ful-fledged action to ensure and protect that right of livelihood. 9. Relevant Articles 21, 38, 39(a)(b)(c)(d) and 46 of the Constitution of India read as under; "21. Protection of life and personal liberty. -- no person shall be deprived of his life or personal liberty except according to procedure established by law." "38. 9. Relevant Articles 21, 38, 39(a)(b)(c)(d) and 46 of the Constitution of India read as under; "21. Protection of life and personal liberty. -- no person shall be deprived of his life or personal liberty except according to procedure established by law." "38. State to secure a social order for the promotion of welfare of the people. -- (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations." "39. Certain principles of policy to be followed by the State.-- The State shall, in particular, direct its policy towards security - (a) that the citizen, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women." "46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation." 10. Right to livelihood is the part of life as enshrined under Article 21 of the Constitution, without which one cannot imagine the existence of life, which has been recognized by the Supreme Court. Right to livelihood is the part of life as enshrined under Article 21 of the Constitution, without which one cannot imagine the existence of life, which has been recognized by the Supreme Court. In the case of Francis Coralie [ AIR 1981 SC 746 ], Bhagwati, J. has observed: "We think that the right to life includes the right to live with human dignity and all that goes along with it namely the bare necessity of life such as adequate nutrition, clothing and shelter over their head and facilities of reading, writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings." 11. Pathak, C.J. in Vikram Deo Singh [ AIR 1988 SC 1782 ], observed: "We live in an age when this Court has demonstrated, while interpreting Article 21 of the Constitution, that every person is entitled to a quality of life consistent with his human personality. The right to live with human dignity is the fundamental right of every Indian citizen, and so the State recognizes the need for whom, therefore, of necessity, provision must be made for their protection and welfare." 12. Sawant, J. in Delhi Transport Corporation [ AIR 1991 SC 101 ], observed: "The right to life includes right to livelihood. The right to livelihood, therefore, cannot hand on to the fancies of individuals in authority. The employment is not a bounty from them, nor can its survival be at their mercy. Income is the foundation of many fundamental rights and when work is the sole source of income, the right to work becomes as much fundamental. Fundamental rights can ill-afford to be consigned to the limbo of undefined premises and uncertain applications. That will be mockery of them." 13. In the case of Shantisar Builders [ AIR 1990 SC 630 ], the apex Court has observed : "The right of life under Article 21 would include the right of food, clothing, decent environment and reasonable accommodation to live in. The difference between the need of an animal and a human being for shelter has to be kept in view. For the animal, it is the bare protection of the body, for a human being, it has to be suitable accommodation which allows him to grow in all aspects -- physical, mental and intellectual" 14. The difference between the need of an animal and a human being for shelter has to be kept in view. For the animal, it is the bare protection of the body, for a human being, it has to be suitable accommodation which allows him to grow in all aspects -- physical, mental and intellectual" 14. In the case of Bandhua Mukti Morcha [ AIR 1984 SC 802 ], Article 21 has been characterized as the heart of fundamental rights. The apex Court expanding its interpretation has observed: "This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Article 42 and at least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State neither the Central Government nor any State Government has the right to take any action which will deprive a person of the enjoyment, of these basic essential." 15. Supreme Court in the case of CERC v. Union of India [ AIR 1995 SC 922 ], has observed: "The right to live with human dignity encompasses within its fold, some of the finer facets of human civilization which make life worth living. The expanded connotation of life would mean the tradition and cultural heritage of persons concerned." 16. In the case of Chameli Singh v. State of U.P [ AIR 1996 SC 1051 ], the Supreme Court has observed: "In any organized society, right to live as a human being is not ensured by meeting only the animal needs of man. It is secured only when he is assured of all facilities to develop himself and is free from restrictions which inhibit his growth. All human rights are designed to achieve this object. Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilized society." 17. All human rights are designed to achieve this object. Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilized society." 17. In the case of Olga Tellis [ AIR 1986 SC 180 ], the Supreme Court has included the right of life to livelihood as a facet of right to live. In the matter of Pavement Dwellers the Court has observed: "The question which we have to consider is whether the right to life includes the right to livelihood. We see only one answer to that question that it does. Another aspect of the life is the right to live and equally important facet of that right is the right to livelihood because, no person can live without the means of living, that is, the means of livelihood. Otherwise, it would mean deprivation of his right to life." 18. According to Article 46, the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. Needless to say directive principles of State policy are the written mandate to any Government to adopt it as policy of governance. Therefore to protect the life of every citizen, to provide means of livelihood, the directive principles of State policy is a manifesto to the each Government. 19. The State Government has framed rules for allotment of land to the landless persons and as per the scheme the land is being allotted to the landless persons. Under the concept of Welfare State, if the land is being allotted to the landless persons, in that case merely allotment would not be sufficient, it would also be the duty of the State to ascertain that the person, in whose favour the land is allotted, is also put in actual possession and thereafter it is also the duty of the State to see that he gets means of livelihood from that land, which clearly means that he cultivates that land to earn his livelihood. For that it is also necessary to see that other facilities like irrigation, providing seed, fertilizer are also taken into consideration by the State Government under its welfare concept. For that it is also necessary to see that other facilities like irrigation, providing seed, fertilizer are also taken into consideration by the State Government under its welfare concept. It would also be the duty of the State to see that he is not dispossessed from the land either by the Bhu-mafia or by any muscle power or by the encroachers and if the land is encroached upon, it is the duty of the State to provide security and to remove the encroachment and to see that he holds possession over the land for the purpose of cultivation. 20. Learned counsel for the petitioner suggested that a task force committee should also be constituted at the Distrive level, who may hear the complaints about encroachment and may also hear and decide the complaints. At the Tehsil level a consolidated register should be maintained, in which the details of grant of patta allotted to SC, ST and OBC should be maintained date-wise and regular entries should be maintained therein, particularly it should be maintained that on which date the possession is delivered to the allottee and Tehsil level committee be directed to monitor the possession. Tehsil level committee may also periodically review the question of possession of the allottees. If there is no provision under the rules regarding maintenance of such consolidated register, the provision be made in the rules and the District level committee and Tehsil level committee may be authorised to hear the complaints and to decide them and accordingly rules may be amended, if necessary. If there is inter se dispute between the Forest Department and Revenue Department regarding allotment of land, the District level committee should be authorised to decide the same within the specified period. If under the rules there is no provision about the exchange of the land, the rules may be amended and the District level committee should be authorised to take necessary action in this regard. If the land is not cultivable, on the report of Tehsil level committee, the District level committee may also give suitable direction about the change of land. District level committee should be given power to take action in the matter of removal of encroachment and possession of unauthorised persons like Bhu-mafia and other influential persons. If the land is not cultivable, on the report of Tehsil level committee, the District level committee may also give suitable direction about the change of land. District level committee should be given power to take action in the matter of removal of encroachment and possession of unauthorised persons like Bhu-mafia and other influential persons. It was also suggested that directions be also given to the State level committee to hold meeting atleast twice a year and District level committee to hold meeting quarterly and Tehsil level committee to hold meeting monthly and a direction be given to the State Government to make compliance thereof. The State level committee should be revived as it is not functioning at this stage. 21. After hearing the learned counsel for the parties, as discussed above, it is the constitutional mandate to provide economic justice to the weaker sections of the society, particularly to the members of SC, ST and other backward classes and for that the better management of the land allotted to the landless person is necessary. Therefore, after considering the submissions made by the parties and looking to the constitutional philosophy and mandate of welfare State as well as in the interest of justice particularly with a view to ensure economic justice, we dispose of this petition with the following directions: (1) State of M.P. shall maintain computarised record of land and pattas granted to the landless persons as discussed above. (2) The Tehsil level committee and District level committee constituted by this Court by interim order dated 2.4.2007 shall continue to work in the State of M.P. and shall hold monthly meetings. (3) State has already constituted a State level committee by order dated 24.5.2000 comprising of: (i) Revenue Minister - Chairman (ii) Forest Minister - Member (iii) Advisor to the C.M. - Member (iv) Shri P.V. Rajgopal - Member (National Chairman, Ekta Parishad) (v) Principal Secretary - Member (Revenue Department) (vi) Commissioner (Land Records) - Member (vii) Under Secretary (Revenue Department) - Member Secretary We direct the Chief Secretary to the State of M.P. to revive the committee, which was constituted on 24.5.2000. If the committee was not properly constituted, the Chief Secretary of the State on the advice of the Chief Minister shall be free to reconstitute the same as per their choice and the committee shall be reconstituted positively within a period of two months to look after the allotment, better management of land, encroachment and all other incidental matters regarding other facilities to be granted like irrigation, distribution of seeds, fertilizers and will advise the Government in the related matter as indicated above of the landless persons to whom the land is allotted under the policy of the Government. (4) The State level committee will also consider the question of issue of allotment certificate or identity card to the holder and may frame a policy in this regard. (5) A task force shall also be constituted to ensure security and protection and shall also resolve the problem of encroachment and may also hear and decide the complaints. Therefore, we direct that the State shall also constitute a task force/committee at the district level preferably comprising of: (i) Collector, (ii) Superintendent of Police, (iii) District Officer of Forest Officer. (iv) District Agriculture Officer. (v) President/Chairman of the Municipal Corporation, Municipal Council, Janpad Panchayat/Member of any representative from Development Authority, if functioning in District or any other representative. (vi) Government may also appoint any officer/person necessary to be included in the committee for its better and effective management. (6) At Tehsil, the Tehsildar shall maintain a consolidated register in which the details of grant of patta allotted to SC, ST and OBC be maintained and following entries shall be recorded therein (i) name of person with full particulars of family to whom the patta is granted, (ii) village, survey number and the area of land, which is allotted, (iii) the nature of the land and (iv) the fact of possession, whether the possession is delivered or not and continuously to monitor that he remains in possession. Tehsil level committee may also periodically review the question of possession of the allottees over the land. If there is no provision in the allotment rules about hearing the complaints of the allottees then Tehsil level committee and District level committee both will hear the complaints of the patta holders with regard to their problems about allotment, possession, demarcation and quality of land. If there is no provision in the allotment rules about hearing the complaints of the allottees then Tehsil level committee and District level committee both will hear the complaints of the patta holders with regard to their problems about allotment, possession, demarcation and quality of land. After hearing the parties the problems shall be sorted out and if any action is required to be taken on the complaint, that shall be taken in accordance with law. If there is dispute between the Forest Department and Revenue Department regarding the land allotted to a landless person, that shall be resolved by District level committee within a specified period of four months. If there is any dispute between two districts, same shall be resolved by State level committee. (7) So far as the exchange of land is concerned, if it is found on the complaint of the allottee that the land is not cultivable then the District level committee may also consider the question of exchange of land to the allottee, but if in the opinion of the committee, it is found that the land is cultivable, then the land shall not be exchanged simply for the convenience of the allottees. If any complaint is made to the committee either about the encroachment over the land by Bhu-mafia or other influential person and if it is found that under the various local laws, which are prevailing the action is not taken, then in that case the Tehsil level committee and District level committee shall be free to take the action and remove the encroachment and unauthorised possession of Bhu-mafia/other influential persons in accordance with law. (8) It is also directed that the Collectors of the Districts will ensure that the cases which are pending in the various Courts interest is taken by the OIC so that their hearing is expedited. (9) The State level committee shall meet atleast twice a year and shall review the reports of Tehsil and District level committee and the problems shall be sorted out and necessary directions shall be issued to the officers. Parties to bear their own costs of the petition.