Dhananjay Mahapatra TNN
New Delhi: The Supreme Court on Monday declared transfer of village community land for private and commercial use as illegal and directed the states to take immediate steps to evict encroachers.
It directed the state governments to prepare schemes for eviction of illegal occupants of village community land and I restore them back for the purpose it was originally meant for the scheme must provide for speedy eviction, it said.
"Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession," said a Bench of Justices Markandey Katjuand Gyan Sudha Misra.
Applicable with retrospective effect, this order could create tremors more intense than one caused by the Supreme Court's order four years ago asking the authorities to de-molish and seal Delhi's unauthorised structures, many of which were in village land known as 'laldora'.
The Bench said: "In many states, orders have been issued by the governments permitting allotment of gram sabha land to private persons and commercial enterprises on payment of some money. In our opinion all such government orders are illegal, and should be ignored." .
It quashed a 2007 order of the Punjab government permitting regularization of unauthorized occupation of a village community land in Patiala district by trespassers saying they had illegally encroached the gram panchayat land by using muscle/money power and in collusion witlJ:. II the government and panchayat officials.
The court noted the importance of village community land. "Our ancestors were not fools. They knew that in certain years there may be droughts or water shortages for some or other. reason and water was also required for cattle to drink and bathe.
Hence they built a pond in every village, a tank near every temple etc. There were traditional rain water harvesting methods, which served them for thousands of years," it said.
TOI dated Feb.1, 2011
Sunday, February 6, 2011
Wednesday, February 2, 2011
Comunidades hail Supreme Court order
PANAJI: The Association of Componentes of Comunidades (ACC) in Goa has hailed the Supreme Court order declaring transfer of village community land for private and commercial use as illegal.
"The order is well-fitting within the scope of law. It's perfect and fits with the Code of Comunidades," says Andre Pereira of the ACC.
The Supreme Court on Monday declared transfer of village community land for private and commercial use as illegal and directed the states to take immediate steps to evict encroachers.
It directed the state governments to prepare schemes for eviction of illegal occupants of village community land and restore them back for the purpose it was originally meant for.
The scheme must provide for speedy eviction, it said. "Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession," said a bench comprising Justice Markandey Katju and Justice Gyan Sudha Misra. The order is applicable with retrospective effect.
Says Pereira: "No comunidade land can be given for commercial use. The government has permitted such violations in Serula comunidade, Vasco, Chicalim and many other places. It is now up to the state government to undo the wrong it has committed to the comunidades."
"The government is under contractual obligation to provide a full-fledged administrator at the cost of the comunidade. Instead, it has been deputing part-timers who obey the commands of the revenue minister or any minister rather than the comunidade he is meant to administer. This is despite comunidades being absolute owners of land. Land is not granted by the state and so comunidade villages are not revenue villages. Where there is no state grant, the state has no right - through the collector or the PDA - to determine land purpose. However, state authorities, including panchayats, municipalities, collectors and the town and country planning department, act without any powers to issue permissions of NOCs," said Pereira.
It may be recalled that the indigenous people known as 'Gaonkars', established institutions since times immemorial called 'Gaonkaria' which the Portuguese government addressed as 'Comunidades'. The Gaonkari is constituted to carry out sovereign functions such as those listed under Article 39 of the Constitution of India. They professed these functions since inception for the common and joint welfare of the society in the particular locality developed by Gaonkars at their own cost. These functions mostly consist of providing welfare measures to upkeep healthy standards of living and harmony in the society within the jurisdiction of the Gaonkari.
(Times Of India, Goa 2/2/11)
"The order is well-fitting within the scope of law. It's perfect and fits with the Code of Comunidades," says Andre Pereira of the ACC.
The Supreme Court on Monday declared transfer of village community land for private and commercial use as illegal and directed the states to take immediate steps to evict encroachers.
It directed the state governments to prepare schemes for eviction of illegal occupants of village community land and restore them back for the purpose it was originally meant for.
The scheme must provide for speedy eviction, it said. "Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession," said a bench comprising Justice Markandey Katju and Justice Gyan Sudha Misra. The order is applicable with retrospective effect.
Says Pereira: "No comunidade land can be given for commercial use. The government has permitted such violations in Serula comunidade, Vasco, Chicalim and many other places. It is now up to the state government to undo the wrong it has committed to the comunidades."
"The government is under contractual obligation to provide a full-fledged administrator at the cost of the comunidade. Instead, it has been deputing part-timers who obey the commands of the revenue minister or any minister rather than the comunidade he is meant to administer. This is despite comunidades being absolute owners of land. Land is not granted by the state and so comunidade villages are not revenue villages. Where there is no state grant, the state has no right - through the collector or the PDA - to determine land purpose. However, state authorities, including panchayats, municipalities, collectors and the town and country planning department, act without any powers to issue permissions of NOCs," said Pereira.
It may be recalled that the indigenous people known as 'Gaonkars', established institutions since times immemorial called 'Gaonkaria' which the Portuguese government addressed as 'Comunidades'. The Gaonkari is constituted to carry out sovereign functions such as those listed under Article 39 of the Constitution of India. They professed these functions since inception for the common and joint welfare of the society in the particular locality developed by Gaonkars at their own cost. These functions mostly consist of providing welfare measures to upkeep healthy standards of living and harmony in the society within the jurisdiction of the Gaonkari.
(Times Of India, Goa 2/2/11)
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