Research › Search › Judgment

Jharkhand High Court · body

2015 DIGILAW 1534 (JHR)

Radha Devi v. State of Jharkhand

2015-12-09

P.P.BHATT, VIRENDER SINGH

body2015
ORDER : Virender Singh, J. Petitioner, who is a Dalit landless widow, by way of the present Public Interest Litigation has prayed for the following reliefs:- i. for issuance of an appropriate direction upon the respondent No.2 to constitute Bhoodan Yagna Committee in terms of Section 3 of the Jharkhand Bhoodan Yagna Act, 1954 on the basis of recommendation made by the Sarva Seva Sangh (Akhil Bharat Sarvodaya Mandal) vide memo No. 30/2014-15 dated 06.05.2014 and memo no. 33/2014-15 dated 07.05.2014. ii. for issuance of direction upon the authority concern to constitute high level enquiry by an independent agency against land grabbing of Bhoodan land by politician and land mafias and after completion of an enquiry a regular criminal case may be initiated against the wrong doer and erring officer who are/were involved in grabbing of Bhoodan Land and its respective beneficiaries may also be brought under purview of an enquiry. iii. for issuance of direction upon the respondent No.4 to allocate remaining Bhoodan Land amongst landless person of village community, Gram Panchayat or a cooperative society organized by the committee in terms of Section 14 of the Jharkhand Bhoodan Yagna Act, 1954. iv. for issuance of directions upon the respondent authority to provide protection to the guarantee of Bhoodan land from enactment in terms of Section 14A of the Jharkhand Bhoodan Yagna Act, 1954 and distribution of land must be settled before the distribution in favour of the grantee in terms of Section 16 of the Jharkhand Bhoodan Yagna Act, 1954. v. for issuance of direction upon the authority concern not to eject landless persons from lawful possession of the Bhoodan Lands and to take action in terms of Section 22 of the said Act and for direction to impose penalty upon pesons who are in unlawful possession of Bhoodan Land in terms of Section 23A of the Jharkhand Bhoodan Yagna Act, 1954. 2. The background of the case is that Bhoodan-Gramdan movement had been initiated by Archaya Vinoba Bhave, one of the great spiritual leaders and reformers of modern India, whose work & personal example moved the hearts of countless Indians. 3. 2. The background of the case is that Bhoodan-Gramdan movement had been initiated by Archaya Vinoba Bhave, one of the great spiritual leaders and reformers of modern India, whose work & personal example moved the hearts of countless Indians. 3. The erstwhile State of Bihar had enacted the Bihar Bhoodan Yagna Act, 1954 to facilitate the donation of land in connection with the Bhoodan Yagna and further to provide for the settlement of the same with the landless person or with a village community, Gram Panchayat or with co-operative society organized by the Bhoodan Yagna Committee. 4. After the re-organization, the State of Jharkhand adopted the old Act and according to Act a Committee was constituted vide notification no. 5387 dt. 28.11.2002 and by which one Chairman and Five other members were nominated to discharge function under the Act. 5. According to the petitioner, the respondent government of Jharkhand is failed to achieve the object of Jharkhand Bhoodan Yagna Act, 1954 and donated land of Bhoodan has not been distributed due to inaction of the respondent concern. Consequently large scale of Bhoodan Land being grabbed by the land grabber with the help of heirs of donor of land in connivance with local revenue administration and it is flagrantly sold by the heirs of the donor by illegal manner. This situation is prevailing in the State of Jharkhand and the local administration is fully aware from such illegal situation. There is loot of Bhoodan Land in the State of Jharkhand. 6. According to the petitioner, the State of Jharkhand has failed to constitute regulatory and controlling authority as constitution of Jharkhand State Bhoodan Yagna Committee in-spite of proposal made by the competent authority Serva Sewa Sangh. The preamble of the Constitution has been flagrantly frustrated in the State of Jharkhand by inaction of competent authority. 7. According to the petitioner, the present situation of Bhoodan land falling in critical position and under conspiracy sign and nature of Bhoodan Land is being changed by the land grabber with support of revenue authority and the Bhoodan Land may be illegally transferred for other purpose. It is further submitted that the illegality prevailing in the settlement and allocation of Bhoodan Land is required to be stopped with due interference of state authority otherwise pious Bhoodan Movement introduced by Acharya Vinoba Bhave would be kept in dark. 8. It is further submitted that the illegality prevailing in the settlement and allocation of Bhoodan Land is required to be stopped with due interference of state authority otherwise pious Bhoodan Movement introduced by Acharya Vinoba Bhave would be kept in dark. 8. Learned counsel for the petitioner submits that from perusal of paper clipping dt. 01.02.2005 published in Prabhat Khabar it appears that well known politician of Jharkhand namely Lalchand Mahto the then Chairman has settled the land 46.60 acres land of the grantee in favour of his brothers and son and ejected 54 landless persons. 9. The learned Counsel for the petitioner further submits that the President of Sarva Sewa Sangh (Akhil Bharat Sarvadaya Mandal) has issued memo no.30/2014-15 dated 06.05.2014 and memo no.33/2014-15 dated 07.05.2014 whereunder it is categorically stated that in India 47,63, 676 acres land has been donated to Sarva Sewa Sangh out of which Bhoodan Land admeasuring area 14,69,280 acres land fall within the State of Jharkhand. Further it is contended that in absence of competent Bhoodan Samitee the Bhoodan Land is being occupied by the land grabber by ejecting landless persons and millions acre within State of Jharkhand is remain to be distributed. The Serva Sewa Sangh has advised to constitute State Level Bhoodan Yagna Committee in terms of Section 4(4) of the Jharkhand Bhoodan Yagna Act, 1954. 10. The petitioner who is a landless Schedule Caste widow lady by way of representation dt. 12.06.2014 requested to the respondent, Deputy Commissioner, Hazaribagh for grant of Bhoodan land in her name and further highlighted that the Bhoodan land is being grabbed by the anti-social element and land mafia in connivance with the revenue personnel in Kachanpur village of Lupung Gram panchayat and landless person is being dislodged and ejected from the Bhoodan Land in absence of constitution of State Level Bhoodan Yagna Committee. 11. According to the petitioner, the State of Jharkhand has failed to constitute regulatory and controlling authority as constitution of Jharkhand State Bhoodan Yagna Committee in-spite of proposal made by the competent authority Serva Sewa Sangh. 12. In response to the averments made and contention raised by the petitioner, counter affidavit has been filed on behalf of the respondent nos. 11. According to the petitioner, the State of Jharkhand has failed to constitute regulatory and controlling authority as constitution of Jharkhand State Bhoodan Yagna Committee in-spite of proposal made by the competent authority Serva Sewa Sangh. 12. In response to the averments made and contention raised by the petitioner, counter affidavit has been filed on behalf of the respondent nos. 1 and 2, inter alia, stating that during field visit Government found that local people were having lot of resentment against the working of the Boodan Yagna Committee constituted by the State Government and as such the Government directed the Department to constitute a fresh Committee. After considering the facts, President of the Committee was dismissed by the State Government vide notification No. 1411 dated 03.05.2005 with immediate effect and this notification was also published in official gazette. Furthermore by the department notification No. 609 dated 01.03.2012 it was directed that the land vested in Bhoodan Yagna Committee cannot be distributed by the officer secretary and others of Bhoodan Yagna Committee. 13. After dismissal of Bhoodan Yagna Committee the department of Revenue and Land Reforms had given direction to all Deputy Commissioner vide letter No. 609 dated 01.03.2012 to collect all date regarding distribution of the donated land distributed land and balanced land fit for settlement and accordingly all the district have submitted their report. 14. It has been stated in the supplementary counter affidavit that the Department directed the Deputy Commissioner of Ramgarh, Chatra and Hazaribagh vide letter No. 1786, dated 28.04.2015 to investigate the matter and as per the investigation report provided by the Deputy Commissioner of Ramgarh, Chatra and Hazaribagh there is no evidence of illegal possession of donated land. 15. In the supplementary counter affidavit filed by the Respondent-State Government, it is stated that enquiry was conducted by the Deputy Commissioner, Bokaro and Giridih with regard to the alleged irregularity committed by one Shri Lalchand Mahato and it was found that the land slip (parcha) were distributed to all villagers alongwith Lalchand Mahto's brothers. 16. 15. In the supplementary counter affidavit filed by the Respondent-State Government, it is stated that enquiry was conducted by the Deputy Commissioner, Bokaro and Giridih with regard to the alleged irregularity committed by one Shri Lalchand Mahato and it was found that the land slip (parcha) were distributed to all villagers alongwith Lalchand Mahto's brothers. 16. From perusal of the petition as well as counter affidavit filed by the Respondent-State authority and upon hearing the submissions advanced by the learned counsel for the parties , it appears that Acharya Vinoba Bhave had started Bhoodan movement with very loudable object and the purpose for which Bhoodan movement was started, has been achieved to a large extent but there are certain instances of illegality and irregularity committed by the politicians who have been nominated in the Committee in connivance with local administration and therefore, there is a feeling amongst landless poor persons, that the land which is available under Bhoodan Yagna Act, has not been distributed to the poor landless persons. It is admitted in the counter affidavit filed by the Respondent-State that upon enquiry, there appeared some illegality committed by the Chairman of the Committee and as such the concerned authority of the State Government immediately intervened and issued appropriate directions and thereby stopped the allotment of Bhoodan land and now allotment of the land under the Bhoodan movement has been left to the respective Deputy Commissioners by dissolving such Committees. 17. The argument of the Respondent-State authority that it is an exclusive right of the State Government to take a decision as to whether to constitute a Bhoodan Yagna Committee or not, cannot be accepted as under section 3 of the Act itself it is provided in a clear and explicit term “There shall be established by the State Government a Committee” thus the word “shall” make it mandatory for the State authority to constitute a Committee who will act in accordance with the provisions of the Act. But at the same time, after looking to the conduct of the previous Committee, we feel it necessary to evolve a mechanism that will look into the affairs for implementation of the provisions of the Act in its true perspective. 18. But at the same time, after looking to the conduct of the previous Committee, we feel it necessary to evolve a mechanism that will look into the affairs for implementation of the provisions of the Act in its true perspective. 18. The preamble of the Legal Services Authorities Act, 1987 underscores that the legal services authorities are concerned with the weaker sections of the society and imposes a duty on them to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. To achieve the aforesaid purposes The National Legal Service Authority established under the Legal Services Authorities Act has issued direction to the respective State Legal Services Authority to play an important role for effective implementation of welfare Scheme, where the beneficiaries are deprived of getting the benefit under the Scheme. Accordingly in the State of Jharkhand Legal Services Authority is actively playing its role in helping poor and needy persons to avail the benefit under the various schemes framed by the State under the aegis of National Legal Services Authority. 19. The allotment of land under Bhoodan Act is also one of the beneficial Schemes of the Government and as such we are of the view that the Legal Services Authority of the State of Jharkhand can play an important role in fair distribution of Bhoodan land. 20. We, therefore, direct the State Authority to constitute a Committee under the Jharkhand Bhoodan Yagna Act, 1954 within one month from today consisting of Deputy Commissioners of all the Districts; Principal District Judge of each District, who is ex-officio Chairman of District Legal Services Authority; Secretary, District Legal Services Authority and one of the officers to be nominated by the Deputy Commissioner of each District. The Executive Chairman, State Legal Services Authority is requested to pass necessary orders, designating the Chairman District Legal Services Authority to play a role of Ombudsman and help the poor landless persons in getting the land under the Bhoodan Act. The constituted Committee shall work out further modalities for the purpose of effective implementation of the Welfare Scheme of allotment of land to the landless persons under the Bhoodan Act. 21. The Legal Services Authority is having responsibility to implement various projects such as providing legal-aid, counselling, Lok Adalats, mediation, para legal volunteer, implementation of welfare schemes etc. The constituted Committee shall work out further modalities for the purpose of effective implementation of the Welfare Scheme of allotment of land to the landless persons under the Bhoodan Act. 21. The Legal Services Authority is having responsibility to implement various projects such as providing legal-aid, counselling, Lok Adalats, mediation, para legal volunteer, implementation of welfare schemes etc. Thus, the workload of Jharkhand Legal Service Authority is increasing day to day and therefore, it is necessary to create new post of officers and staff to meet with the workload. Therefore, we direct the State-respondent to create following posts at the earliest enabling the Legal Services Authority to perform its function effectively: (1) Two posts of Dy. Secretary, (2) Two posts of Under Secretary, (3) Two posts of Section Officer and (4) Two posts of Assistant. So far as petitioner is concerned, the concerned Deputy Commissioner (District-Hazaribagh) would ensure that the land is alloted to her under Jharkhand Bhoodan Yagna Act, 1954 preferably in Kachanpur and if no land is available/ earmarked for allotment under Bhoodan Scheme, efforts shall be made to accommodate her in some nearby area, adjacent to her village.. 22. The instant writ petition stands disposed of with the aforesaid observations and directions.