Certain category exempted from charges but only on grounds of poverty: Punjab High Court.
The Punjab High Court, in Ravinder and others v/s State of Haryana and others (CWP-24136-2016), held that on grounds of poverty, certain category of persons can be exempted from charges under land allotment. The judgement was presided by Honorable Mr. Justice Sureshwar Thakur and Honorable Mr. Justice Kuldeep Tiwari.
FACTS OF THE CASE:
The petition was filed based on land allocation refused by a Gram Panchayat, referred as ‘gada khad’ to members of backward classes, schedule castes or tenants. The learned counsel for the petitioners contended that Rule 8, sub-rule 4 of the Haryana Village Common Lands (Regulation) Rules, 1964 grants the Gram Panchayat the authority to allocate the land reserved as ‘gada khad’ to individuals belonging to scheduled castes, backward classes or tenants.
The Bench in this regard held that any leverage or privilege cannot be assigned based on the interpretation. Under Rule 8 of sub-rule 4, interpretation that the Gram Panchayat can carve plots from ‘gair mumkin kada’ or make resolution in this regard cannot be made.
“A keen reading of the said rule reveals, that the shamilat deh lands are permissible to become utilized by the Panchayat, through a resolution in writing, but only for (a) grazing purposes, (b) collecting dry fire-wood from the jungle on terms laid down by the Panchayat (c) open spaces near the Abadi deh may, with the previous permission of the Panchayat and in the manner laid down by it, be utilized by the inhabitants of the village for threshing the harvests (d) the Panchayat concerned, if necessary, may earmark suitable land for use as manure pits by the inhabitants of the village on such nominal charges as may be fixed by it” was held by the Court.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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