State of Jharkhand v. Pakur Jagran Manch.

State Government vide Notification dt. 31-5- 2007 dereserved a gochar (grazing land) pursuant to proposal/request for sanction by Deputy Commissioner (who was competent authority to reopen record-of-rights for purpose of dereserving land recorded as gochar) and also earmarked alternative land as gochar. The village headman and all jamabandi raiyats had consented to dereservation and land in question was found to be most suitable for housing hospital for which land was being dereserved. Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, S. 2(1) enables State Government to reorganise or delimit any portion of Santhal Parganas Division for convenient revenue administration. Dereservation or recategorisation of a land recorded as gochar in the record-of-rights is not within its scope. Dereservation of gochar or village grazing land - Held, should be resorted to only in exceptional circumstances and for valid reasons, having regard to importance of gochar in every village. Any requirement of land for any public purpose should be met from available waste or unutilised land in the village and not gochar. Where it is inevitable or necessary to dereserve any gochar for any public purpose, procedure contemplated in Regns. 24 and 25 and S. 38(2, Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, should be strictly followed. When gochar is not government land, but is village common land vesting in villagers and not Government, consent of village headman and the jamabandi raiyats/villagers in whom land vests shall have to be obtained, before dereservation and diversion of use of gochar. The core issue is whether section 38(1) of the Tenancy Act was violated by the State Government, in using the gochar for constructing a hospital, after de-reserving it from its status as gochar. In this case the urgent need for de-reserving the gochar of 4.40 acres and diversion of its use for the public purpose of hospital is not in dispute. The village headman and all the Jamabandi Raiyats have consented to the de-reservation and use of the land in question for hospital. The land in question was found to be most suitable for housing the hospital. Alternative land was immediately notified as gochar. The Hospital has already been constructed in the land. Any delay would come in the way of health care of the villagers/tribals. In the circumstances, the notification dated 31.5.2007 of the Government is upheld.