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2014 DIGILAW 609 (ORI)

Sangram Kishore Swain v. State of Odisha

2014-09-22

AMITAVA ROY, B.R.SARANGI

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Judgment Dr. B.R.Sarangi, J. The petitioners being the villagers of Andeisahi, Champati Grama Panchayat under Salipur Tahasil in the district of Cuttack have filed this application seeking direction to the opposite parties to allow them to use Plot No.616 under Khata No.353 of area Ac.1.000 with Kisam “Gochar” and to dispose of their representation vide Annexure-3 pending before opposite party no.4 within a stipulated time. 2. The short facts of the case in hand are that the villagers of Andeisahi under Champati Grama Panchayat were using a piece of Government land bearing Plot No.616 under Khata No.353 area Ac.1.000 of the Kisam “Gochar” for the purpose of grazing their cows, play ground, cultural programmes, etc. On the basis of a decision taken by the Municipal Corporation, Cuttack for construction of a cow slaughter house in village Andeisahi, an advertisement was issued for appointment of consultant. Pursuant to notice No.2157 (P.W.) dated 28.08.2014 published in the daily newspaper on 23.08.2014, the petitioners raised objection before the Tahasildar, Salipur stating that the land in question was recorded as “Gochar” and the same may not be converted to “Patit” and allowed the same for construction of a cow slaughter house. When such objection was pending, a Lease Case No.33/2014 was initiated and Tahasildar, Salipur issued a notice vide Annexure-2 inviting objection against construction of cow slaughter house as well as the conversion of the Kisam from “Gochar” to “Patit”. Pursuant to such notice, it is stated, the petitioners filed their objection and requested the Collector, Cuttack not to proceed with construction of such a cow slaughter house over the said plot. When the same was not considered, finding no other way out, this application was filed. 3. Mr. B. Beura, learned counsel for the petitioners urged before this Court that the general interest of the public cannot be ignored in the guise of protection of the Govt. land and as such the opposite parties have no authority to construct the proposed cow slaughter house on the land recorded as “Gochar” meaning for grazing of cattle under Section 38(1) of the Tenancy Act. The land earmarked and settled as “Gochar” can not be used for any other purpose under any circumstances. It is stated that the grazing land provides economic support to this country and more so the said land helps a lot in maintaining ecology. The land earmarked and settled as “Gochar” can not be used for any other purpose under any circumstances. It is stated that the grazing land provides economic support to this country and more so the said land helps a lot in maintaining ecology. Therefore, it is stated that attaching these demands, the villagers of Andeisahi have filed representations to the Collector, Cuttack, vide Annexure-3 series which are still pending for consideration. 4. Mr. R.K. Mohapatra, learned Government Advocate argued that Government has the power to convert Kisam of the land from “Gochar” to “Patit” by following due procedure of law and as such the present application is premature and the same should not be entertained. 5. Considering the contentions raised by the learned counsel for the parties and going through the records, it appears that the land in question is recorded as “Gochar” in the Records-of-Right, in Annexure-1. But, the Tahasildar, Salipur issued the notice in Annexure-2 in Lease Case No.33/2014 inviting objections with regard to the construction of slaughter house and conversion of land from “Gochar” to “Patit”. The villagers of Andeisahi filed their objection on 08.08.2014 before the Tahasildar, Salipur and so also ventilated their grievance before the Collector, Cuttack against conversion of the land in question vide Annexure-3. When the matter is lying pending, the Commissioner, Cuttack Municipal Corporation issued notice No.2157 (PW) (22.08.2014) for appointment of consultant to carry out consultancy services for establishment of modern slaughter house project at Andeisahi. There is no power of the State Government to de-reserve the land. It appears that Section 3-A of the OGLS Act, 1962 authorizes the Government to de-reserve the land and that should be in conformity with the procedure envisaged under Rule-4 of the OGLS Act. As it appears, in conformity with the provisions of Rule-4 of the OGLS Act, the Tahasildar issued the notification Annexure-2 inviting objection for conversion of “Gochar” land to “Patit” for construction of slaughter house in village Andeisahi and admittedly the petitioners raised objection before Tahasildar which is pending consideration yet. 6. Accordingly, without expressing any opinion on the merits of the case, this Court feels it proper to direct opposite party no.4-Tahasildar, Salipur to consider the objection/representation of the petitioners, vide Annexure-3 series, in accordance with law by affording opportunity of hearing to the villagers of Andeisahi within a period of six weeks hence. 6. Accordingly, without expressing any opinion on the merits of the case, this Court feels it proper to direct opposite party no.4-Tahasildar, Salipur to consider the objection/representation of the petitioners, vide Annexure-3 series, in accordance with law by affording opportunity of hearing to the villagers of Andeisahi within a period of six weeks hence. With the above observation and direction, the Writ Petition is disposed of.