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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO OF 2010
In the matter of Articles 14, 21 and 226 of
the Constitution of India;
And
In the matter of Section 40 (f)/ 51 of the
Maharashtra Land Revenue Code;
And
In the matter of Section 51 of the Mumbai
Village Panchayat Act 1958;
And
In the matter of Government Resolution
No. LEN -1078/3483/J -1 dated 27.12.1978
and Government Resolution No LEN-
1090/CNo. 102/G-1 dated 28.11.1991;
2
And
In the matter of Government of
Maharashtra Circular No.
LEN/10/2004/C.No. 49/ J-1 dated 9th
March, 2007;
And
In the matter of Government of
Maharashtra Circular No LEN-
10/2004/C.No. 49/J-1 dated 4.12.2008;
And
In the matter of Order dated 7th
March 1985
in Pradip Prabhu Vs State of Maharashtra
3
and others, Writ Petition (C) No 4647,
5564-67 and 7339 -43 of 1982, 13696 -700
of 1983, 15206 -08 of 1984 and 1778 of
1986 of the Hon'ble Supreme Court.
1 R. V. Bhuskute, )
Age: Adult, Occupation : Social Activist )
Residing at )
Anjali , Sulabh Co-operative Housing Society,
Vabdavali, Karvadi, )
Ambarnath, Thane. )
2 Sarvangin Vikas Sanstha
A registered trust under the Bombay Public Trusts Act)
Having its Office at )
Aanand Nagar, Tanaji Chauk, Latur )
Latur, Maharashtra. ) . . . Petitioners
Versus
1 State of Maharashtra )
through the Principal Secretary, )
Department of Revenue and Forests )
Mantralaya, Mumbai – 400 032 )
4
2. Union of India )
through the Principal Secretary )
Department of Social Justice and Empowerment )
New Delhi. ) . . .
Respondents
TO,
THE HON’BLE CHIEF JUSTICE AND THE OTHER
PUISNE JUSTICES OF THE HON’BLE HIGH
COURT OF JUDICATURE AT MUMBAI;
MOST RESPECTFULY SHEWETH
1. The First Petitioner Mr. R. V. Bhuskute is a freedom fighter, who
thereafter joined Government Service and retired as Tahsildar and is
acknowledged to have pursued the release of over 1,500 bonded
laborers and ensured their effective rehabilitation in Maharashtra. He
has also authored over 46 books and over 800 Published Articles.
Post his retirement he has been actively involved with marginalized
communities on the issue of Land Reforms. He has also been a
member of the experts committee commonly referred to as Justice
Dand Committee, appointed by the State Government of Maharashtra
which was constituted to look into the issue of rehabilitation of
displaced families. The Second Petitioner is a registered Non
Government Organization that has been working with marginalized
5
communities mainly Dalits in Marathwada since the last three
decades.
2. The First Respondent is the Department of Revenue and Forest, State
of Maharashtra that issued Government Resolutions dated
27.12.1978, 28.11.1991 and various resolutions and circulars from
time to time for the implementation of the said Government
Resolutions and is also the department of the State Government
which oversees all matters pertaining to Revenue and Forests Land in
the State of Maharashtra.
3. The present Writ Petition pertains to the inaction of state authorities
in implementing the Government Resolution dated 27th
December,
1978, 28th November, 1991, and subsequent Government Resolutions
whereby tillers of land from the Scheduled Castes, Scheduled Tribes,
Nomadic Tribes, Vimukta Jati and the Nav Bauddha community
were to be given title of the land in their possession. The present Writ
Petition is being filed under Article 226 of the Constitution of India,
for an issuance of a Writ of Mandamus directing the Respondents to
implement the aforesaid Government Resolutions. The present Writ
Petition raises issues of public interest in respect of the landless tillers
who are SC/ST and their right to life under Article 21 and right to
equality under Article 14 of the Constitution of India.
FACTS OF THE CASE
6
4. Over 74.25 Crore population of India still reside in its rural areas, the
majority of which are engaged in agriculture and allied activities.
This is further accentuated in the case of Scheduled Castes (SCs),
61.39% of whom work as agricultural laborers. Having been placed
at the bottom rung of the Varna System, the SCs are bereft not only
of social and religious rights, but also of economic and political
rights.
5. The landlessness of the SC/ST accentuated during the British Rule
due to their exploitative land revenue policies and exploitative
bureaucratic structures resulting in millions of tenants losing their
tenancy rights though they were cultivators to that land for
generations, thereby increasing land inequity manifold.
6. Independence ushered in both renewed vigor and hope for a more
equitable and just society with the Constitution providing for the
abolition of Untouchability and directing the state to alleviate
landlessness. Since Land reform was treated as one of the
prerequisites to transform the rural Indian society into an egalitarian
one, land laws were crafted to address the complex land issues. The
primary priority of these land reform laws was to develop a
mechanism to administer land records and to set its implementation
mechanisms in motion for the timely collection of revenue so as to
abolish the intermediary tenures, and to introduce tenancy reforms,
bring in ceiling on ownership of agricultural holdings, and also for
consolidation of holdings, compilation and updating of land records,
7
distribution of surplus and other types of land to the landless. In
addition, the ninth Schedule of the Indian Constitution emphasized
speedy and unhindered implementation of various legislative
measures to protect land rights of SCs, with the objective that the
land should belong to the tillers, and the tillers should be brought into
a direct relationship with the State. As a result all States, without
exception, started showing interest in distribution of land to the
landless, and accordingly formulated their own legal measures not
only to allot land but also to protect such land from being grabbed by
or transferred to dominant Castes and Communities. Land, being a
State subject the primary onus of whether progress has been made
lies first on the door step of the concerned State Government, in this
case the Government of Maharashtra. Hence it must be said that
despite the protection accorded to SC/STs under the Constitution and
despite enactment of various laws to further protect their civil,
political, and economic rights, negligible progress can be seen and
Dalits and other marginalized communities continue to face abject
poverty due to state inaction on the front of land reforms.
7. A reading of the relevant statistics show that the Nation by and large
leaves behind the SC community which constitutes well over 16% of
its population. It is not disputed that the members of the Scheduled
Caste suffer inhuman and invidious indignities, exploitation and
brutalities both as individuals and as a community. A close reading of
social and other indicators puts the day to day existence of the SCs at
levels far below that of Sub-Saharan Africa.
8
8. The Working Group on Development and Welfare of Scheduled
Castes during the Eighth Five Year Plan (1990-95) in their report of
August, 1990 noted that of the estimated availability of surplus land
of about 30 million hectares, about 7 million acres had been declared
as surplus, and only 4.5 million acres of land was distributed.
According to the 1996 Annual Report of the Ministry of Rural Areas
and Employment, 142.87 lakh acres of Government wasteland were
procured and distributed among 88.48 lakh beneficiaries. As per
National SC/ST Commission Report, 1996-97, 10.23 lakh acre
wasteland was distributed among the SCs of Maharashtra by the
Government of Maharashtra in 1995-96. Though there have been
several movements like the “Bhoodan Movement” in Maharashtra
which sought to identify and assess the surplus land and distribute it
to the landless, only about 0.69% of land was distributed in
Maharashtra due to the inaction and indifference of the State.
Whereas in comparison to that of Andhra Pradesh, Bihar and Orissa
land which was distributed was 47.14%, 25.71% and 12.39%
respectively.
9. There are two major sources – Agricultural Census and National
Sample Survey (NSS) – available to understand the magnitude of
landlessness among the SCs. Land distribution in India closely
follows social hierarchy. While the large landowners invariably
belong to the upper Castes, the cultivators belong to the middle
Castes and the agricultural workers largely to the Scheduled Castes
9
and Tribes. According to Ninth Five Year Draft 1997-2003, majority
of Scheduled Castes (77%) and Scheduled Tribes (90%) are landless,
without any productive assets and sustainable employment
opportunities. According to the Agricultural Census 1990-91, as high
as about 87 percent in India belonged to the category of small and
marginal farmers owning merely one to two hectares and less than
one hectare of land respectively. Of the SC population only 12.50 had
an operational land holding in 1990-91. In comparison to the 64% of
SCs who were landless agricultural laborers only 31 percent of the
other categories (excluding the STs) were landless agricultural
labourers. A reading of the NSS data shows an increase in the
landlessness of the SCs, wherein though the percentage of rural SC
households that did not own any land at all declined from 8.1 percent
in 1992 and to 5.7 percent in 2003, the percentage of SCs owning
four and above hectare of land was 1.9 percent in 1987-88, 1.5
percent in 1993-94, 1.1 percent in 1999-2000 and 1.0 percent in
2004-05 and SCs households who owned less than half (0.40) hectare
of land increased from about 50 percent in 1987-88 to 53.6 percent in
1993-94, 65 percent in 1999-2000 and 72.2 percent in 2004-05.
Without doubt a piece meal reading may show that the percentage of
SCs with operational holdings was 11.31 percent in 1980-81
increasing to 12.50 percent in 1991 a closer analysis will show that of
the total distribution of operational holdings the area operated by the
SCs was only around 7%.
10
10. Since a large number of Dalits who were tilling grazing lands for
many years were being forcibly evicted, the Government of
Maharashtra vide powers conferred under section 40 of the
Maharashtra Land Revenue Code, 1966 passed Government
Resolution No. LEN-1078/3483/J-1, dated 27th
December, 1978
regularizing the encroachments done on Government owned fallow
land, revenue and forest land, forest land in charge of Forest
Department in Nashik and Thane Districts and gairans. Prior to this
Resolution several orders had been passed for regularizing such
encroachments. The main ingredients of the aforesaid Government
Resolution were:
a. That in order to avail of the benefits of the aforesaid
Government Resolution the tiller has to be a Scheduled
Caste, Scheduled Tribe, Nomadic Tribe, Vimukta Jati
or a Nav Bauddha.
b. The aggregate income of the said families could not be
more than Three Thousand and Six Hundred Rupees.
That said the GR provided that the monetary limit
should not be a negating one, and in cases where the
family exceeded the said bar, such cases should be
forwarded to the State Government for orders.
c. The beneficiary should be residing within 8 kilometers
of the encroached land.
11
d. The beneficiary should be landless and if is holding
Jirayat land it should not exceed more than 2 hectares.
e. Only the land being tilled on and in the possession of
the tiller as upto 31st March 1978 would be
regularized.
f. That encroachments only upto 2 hectare of Jirayat land
shall be regularized, if the beneficiary is already in
possession of Jirayat land, only the area which is
required or a cumulative possession of 2 hectares of
Jirayat land holding shall be regularized.
g. If the tiller was tilling forest land of an inclination of
more than 10%, the tiller would be provided with
alternate land in lieu of the tilled land subject to other
regular conditions, with his possession of the aforesaid
land equivalent to the area eligible to be transferred to
them.
11. To give effect to the clause pertaining to the transfer of grasslands to
the tiller, the Government Resolution specifically directed the
Collector to acquire the said grazing land and to thereafter regularize
them as per Section 51 of the Mumbai Village Panchayat Act, 1958.
The said Government Resolution at Annexure A and Annexure B
12
provides for a time schedule and instructions which require to be
complied with. The Annexures to the Resolution also direct the
concerned officers to immediately prepare a list of encroachments.
Annexure B contains instructions regarding the manner in which
encroachments can be regularized. This work has not even been
started and till date no list has been prepared. No action has yet been
taken to regularize the encroachments. The forest department was
required to prepare a list of encroachments on forest land and the
Revenue Department was required to separately prepare a list of
encroachments on Government waste land, grazing land and forest
land in charge of Revenue Department. Hereto annexed and marked
as EXHIBIT A is a copy of the Resolution dated 27th December,
1978.
12. Despite specific directions being issued to the concerned officers,
under the said resolution, these directions have not yet been complied
with and the encroachers prior to 1978 have not yet been regularized.
Even the work for surveying the area and preparing the list has not
yet started. The SCs tilling the land are regularly being harassed by
vested interests trying to grab the land. Several cases have been filed
against them seeking to evict them from the land which they have
been cultivating since many decades, their crops have been destroyed
and they have been threatened by persons trying to grab their land.
The Petitioners crave leave to refer and rely upon the relevant
documents in this regard.
13
13. Thus even after the Resolution of 1978 the plight of the SC/ ST
landless tiller has worsened if not remained stagnant. Repeated
attempts by the community to get the title of the lands they till
transferred to their names has been met with stiff resistance from the
dominant Caste of Hindu communities. Several Dalit families who
have persisted in tilling their land have been brutally assaulted. In
several villages Dalit families have been forced to stop cultivating
their lands for fear of reprisal. The Petitioners reiterate that 90% of
the districts have been certified as atrocities prone which is one of the
many indicators of the suppression of a growing assertion of
Scheduled Castes and Scheduled Tribes among other marginalized
communities to a dignified existence by having a right of title to the
lands that they have been in possession of and have cultivated as per
the provisions of the law.
14. Growing displacement and social inequity added to the numbers of
those families who were forced to remain landless and till on
wastelands/grasslands/forest lands belonging to the Government. In
recognition of the continuing historical injustice of not giving effect
to the Government Resolution of 1978, the Government of
Maharashtra admitted that over 84,230 families were collectively in
possession of over 1,08,915.54 hectares of grazing/fallow land as of
upto 14th
April 1990 vide Government Resolution No. LEN-1090/
C.NO. 102 /G-1 dated 28th November, 1991. Various studies also
reveal that these statistics are a watered down version of the reality
primarily because tertiary state officials do not even acknowledge the
14
tilling of grazing/fallow/forest land, seeing this as a recognition of the
rights of the landless tiller of the land in some measure, and hence
this is not reflected in the most basic of documents namely the
encroachment register.
15. By Government Resolution No. LEN-1090/C.NO. 102/G-1 dated 28th
November, 1991 the Government of Maharashtra reiterated the
provisions of the 1978 resolution in-toto extending the cut-off date
from 31st March, 1978 to 14
th April, 1990. Annexure 1 to the
Resolution shows the district wise list of the encroachers. The
Resolution further directed that the process of transferring the rights
to the tiller should be completed by 31st March, 1992. In order to
ensure regularization of the encroachments on Government fallow
grasslands existing on 14th April, 1990, the State Government
delegated the power conferred upon the Collector under Section 51 of
the Land Revenue Code to the concerned Tehsildars. Hence by the
said Resolution, encroachments on Government fallow and grazing
lands have been regularized upto 14th
April, 1990. It sets out certain
conditions before regularizing the said lands one of which is that the
encroacher ought to have cultivated the said land for at least a period
of one year. Hereto annexed and marked EXHIBIT B is a copy of
the State Government Resolution dated 28th November, 1991.
16. It is pertinent to mention here that, by the said Government
Resolution the responsibility of protecting untilled
fallow/grasslands/wasteland was entrusted to the Village Panchayats
15
who were to use the said lands for forestation and other public
purposes such as village extension, Indira Awas Yojana,
Crematorium/Burial Grounds and Educational and other institutions
for Non-agricultural purpose.
17. The Petitioner submits that as in the case of the 1978 resolution, in
the 1991 resolution also the State Government failed in its purpose of
regularizing of fallow/grasslands in favour of the SCs who were
cultivating the said land. The subsequent pre-emptive steps for the
protection of the remaining lands has also not been implemented in
the true spirit of the Resolution, wherein instead of transferring the
tilled land to the tiller and transferring the remaining untilled land for
afforestation and related activities, entire tracts of grassland/fallow
land/wasteland are being transferred in-toto to the forest department
for afforestation projects or to private upper Caste Hindus, without
first transferring the appropriate portions of the tilled land to the
tillers. This is contrary to the above referred Government
Resolutions. The village Panchayat has in several instances allowed
Caste Hindus to run their cattle amok among the fields tilled by
Dalits and destroying their crops just prior to harvest.
18. Soon after the Government Resolution the landless tillers have
approached the Revenue officials seeking to transfer the title of the
lands which they were tilling to their names. However the Revenue
officials have ignored their demands. Some sample cases of forcible
16
dispossession of the tillers are cited below. Besides there are similar
such instances in various districts of Maharashtra;
Village Dhanora, Taluka Ausa, District Latur
The village of Dhanora is located at a distance of 17 km from
Latur and has a population of 5,000. The village has a 12
Hectare grazing land at Survey No. 70. Six families have been
tilling the said land since 1980.
The village Sarpanch, registered a complaint with the Ausa
Police Station vide C.R. No. 63/81 U/sec. 447 and 34 IPC in
respect of the same. A Panchanama was prepared by the
Incharge of the Police Station, Ausa Office on 2nd August,
1981 wherein it was recorded that a Hybrid variety of the
Jowari crop was being cultivated by the six families.
Thereafter the six accused persons were arrested and released
on bail. A charge was filed against seven of the accused
persons on 31st August 1981. Subsequently a civil suit was
filed by the Sarpanch, Village Dhanora being Civil Suit No.
295/81.
The Tehsildar, Ausa also issued notice dated 29th May, 1981
and thereafter 25th June, 1981 to the encroachers Bhanudas and
Bhaura. This impasee continued thereafter. Though a common
17
application was made on 5th May 2002, there has been no
response from the state officials. The SC families have
regularly been corresponding with the State Government to
regularize their ownership but the State inaction continues.
Village Tajpur, Taluka Nilanga, District Latur
The village of Tajpur is located in Nilanga Taluka of Latur
District, having a population of 2000, wherein 55 landless
Dalit families have been cultivating 26 Hectare 76 R bearing
Survey No. 14 since 1977.
In 1990 Bhimrao Ukaji Mahale, on behalf of all the
encroachers, applied to the office of the Chief Minister to
transfer the tenancy of the grazing land in their names. In reply
dated 5/8/1993 from Section Officer, Revenue and Forest
Department to Bhimrao Mahale, he was asked to contact
District Collector, Latur. Due to the inaction of the District
Collectorate regular follow up was undertaken with the office
of the Chief Minister, State of Maharashtra seeking to
regularize the encroachments. Though the said encroachment
is to be regularized no steps have been taken by the concerned
officials till today.
Harwadi, Taluka Renapur, District Latur
18
The village of Harwadi, is located at a distance of 8 km from
Latur, having a population of about 1,800 wherein Ms. Medha
Masaji Ingale had encroached upon land bearing Gut No. 2 of
Survey No. 19, 2 Hectare 19 R in 1981.
Subsequent to the encroachment in 1983, Panchanama was
carried out by the circle officer dated 13th August, 1983
wherein the possession of Medha Ingale was documented.
Though applications were made to transfer the tenancy of the
lands to those in whose possession it was, the State officials
did not take any steps to that effect.
Caste Hindus attempted to thwart the possession of Medha
Ingale to the grazing land by acts of intimidation which
included the torching of her house on 21st March, 1990. It is
pertinent to note that a Panchanama was carried out only 10
days later due to the hue and cry raised about the State
inaction. In spite of repeated requests to the State officials
which includes the letter dated 24th November 1995 and 11
th
October 2006 the state officials are yet to regularize her
possession to the said land.
Nitur, Taluka Nilanga, District Latur.
The village Motir is at a distance of 32 km from Latur, with a
population of around 4,500. About 46 landless families have
19
been in possession of around 225 acres of land bearing Survey
No. 81, since 1981.
The families began tilling the said lands in the summer of
1981. A Panchanama was conducted by the Tehsildar of
Nilanga. It was thereafter in 1983 that the Tehsildar informed
one Gopal Shinde and other encroachers that an inquiry would
be undertaken on the 25th of August 1983. Though an inquiry
was accordingly conducted by the Tehsildar in situ nothing
came of it, hence the encroachers thereafter filed a Civil Suit
seeking ownership to the said lands. A subsequent inquiry was
undertaken, on the 30th
of November 1992 by the Tehsildar of
Nilanga, with a follow up request by the families tilling the
land seeking title to the lands no action has been taken by the
State Officials, till today.
Takali (Budruk), Taluka Latur, District Latur
Takali (B), is located at a distance of 40 km from Latur City
and, has a population of about 2,500. 27 families have been
cultivating and are in possession of 40 acres grazing land
bearing Gut No. 2.
The village also issued a No Objection Certificate, to Gayabu
Shankar Gandhale dated 1st October 1976, to use the said land
for the purpose of cultivating the said lands.
20
Subsequent altercations arose among the villagers as to the
possession of the Scheduled Caste Communities of the
aforesaid land leading to harassment of the SC families.
Though Gayabu Shankar Gandhale applied for regularization
of the said lands in their names vide letter, dated 7th February
1983, no action was taken by the state authorities. A
subsequent followup was taken with the office of the District
Collector vide letter dated 17th July 1984. State inaction forced
Gayabu Shankar Gandhale to file a Civil Suit in 1986 seeking
ownership to the lands they till. The litigation is pending till
today.
Village Ramegaon, Taluka Ausa, District Latur.
Ramegaon, is located at around 50 kms from Latur City with a,
population of over 4,000.
Around 35 landless Scheduled Caste families took possession
of grazing land bearing Old Survey No. 67 and New Survey
No. 31 admeasuring 49 acres 19 R sometime in 1976. They
subsequently, sought an inquiry as to possession and thereafter
regularization of the land bearing Survey No. 31 in their
possession vide application dated 13th April, 1976. This was
also submitted to the office of the Minister of Irrigation.
21
The Section Officer, Revenue and Forest Department,
Government of Maharashtra vide letter dated 14th March, 1977
instructed Ramchandra Vitthalrao Ramegaonkar to seek further
recourse with the office of the District Collector.
It is pertinent to note that thereafter the Tehsildar, Ausa
directed Khillari Police Station to remove the encroachments
from the land in question vide Letter No.
81/JAMA/KAVI/2492 dated 20th October 1981. Thus the
possession of the said families came to be disturbed, where in
the crops of the landless tiller and the land was handed over to
the possession of the village Panchayat.
A Civil Suit being Suit No 298/81 also came to be registered
by the Sarpanch, Village Ramegaon by the Sarpanch Vs.
Sambhaji Bhima Kamble and others which included Babu
Rama Kamble, Ankush Sambha Gaware, Gangaram Vithoba
Mane and Damu Dasharath Landage. A Criminal Complaint
also came to be registered at the behest of the Village
Panchayat bearing Complaint No. 47/81 u/sec. 447, 379, 188
and 34 of IPC.
Though an interim injunction came to granted against the
Scheduled Caste families, it was not insisted upon by the
Village Panchayat leaving the SC families to continue with
22
their cultivation till today. The Village Panchayat resorted to
extra judicial methods including violence to deter the SC
families from cultivating their lands.
Harassment for the families continued unabated and in 1993
warrants were issued against the SC families where warrants
were issued in Court Case No. R/128/03 leading to arrest of the
members of the SC community and a subsequent fine of Rs.
25/-.
It is pertinent to note that though the Collector, Osmanabad
had written letter to Tehsildar, Ausa vide letter dated 30th
October, 1981 directing him to conduct an inquiry to determine
the condition of the grassland forthwith, the Tehsildar Ausa
has scuttled the same till date, this though a Panchanama was
conducted by the Police on the 21st October, 1982.
Though the families in question regularly sought to regularize
their possession this was never done. So much so that at Court
Case No. STCC No. 128/83 the encroachers were penalized
with a fine of Rs. 400/-.
Gopalnagar, Taluka Ralegaon, District Yavatmal
The village of Gopalnagar is located in the Ralegaon Taluka
and has a population of 1,800 people.
23
20 Pardhi families have been in possession of over 18 Hectare
and 82 R land bearing Gut No. 14 since 1978.
On 28/1/1980 the Tehsildar charged the encroachers with
revenue penalty and hence were fined by the Executive
Magistrate, Belapur on 11/7/1980.
Though numerous applications were made to the Tehsildar and
the Collector that the encroachments be regularized as the SC
families have been in possession of the aforesaid land since
1978 and continue to till the land the title of land has not been
transferred to them till today
Apati Rampur, Taluka Ralegaon, District Yavatmal
The village of Apati Rampur, is located in the Ralegaon
Taluka of the Yavatmal District in Vidharba and, has a
population of 1,500.
30 Adivasi families from the village had encroached on the
grazing land of village bearing Survey No. 47 admeasuring 7
hectare 80 R in the year 1979 and had started tilling the said
land as a means of livelihood.
Thereafter, the P.S.O, Ralegaon filed a complaint in
26/10/1979 against the encroachers and filed a case against all
24
the encroachers in Kelapur Court u/sec. 254 Cr.P.C. and
Section 447 IPC bearing No. 1224/79.
On 11/7/1980, all the accused encroachers pleaded guilty and
the Court ordered a penalty of Rs. 25/- to each of the accused
and a simple imprisonment of 20 days.
However, after suffering imprisonment, since the encroachers
did not have any other means of livelihood, they started tilling
the land once again. In spite of this, till today the said land has
not been transferred in the name of the encroachers even
though their case is eligible as per the Government Resolution
dated 28/11/1991.
19. There are similar instances of harassment and forcible dispossession
of Dalit families from tilling and grazing lands in Thane District and
surrounding areas.
20. All the cases referred herein above are eligible for regularization
under Government Resolution dated 28.11.1991, yet no steps have
been taken by the Government Officials to regularize them. Given
that the majority of Scheduled Castes reside in rural india, without
doubt land plays a very crucial and intrinsic role in their day to day
existence. Land is not only a symbol of economic power and
independence but also a potential means to advance one’s social
25
status. Most of the violent attacks on Dalits in rural areas is related to
land cultivation.
21. In order to ensure effective implementation of the earlier two
Government Resolutions, the Government of Maharashtra issued a
number of circulars from time to time including circulars dated
22/04/1992 and 14/08/2001 and reiterated its Constitutional
commitment to the landless and again reaffirmed the provisions of
the GR of 1978 and 1991 and further directed the officials to give
effect to the said GRs. Despite the directions no concrete steps were
undertaken by the State. Finally Circulars dated 09/03/2007 and
04/12/2008 were issued by the Revenue and Forest Department but
no steps were taken. Hereto annexed and marked as EXHIBIT C and
EXHIBIT D are the two circulars dated 09/03/2007 and 04/12/2008
respectively.
22. The Supreme Court by its Order dated 7th March 1985 in Pradip
Prabhu Vs State of Maharashtra and others, Writ Petition (C) No
4647, 5564-67 and 7339 -43 of 1982, 13696 -700 of 1983, 15206 -08
of 1984 and 1778 of 1986 directed the State Government of
Maharashtra to appoint 'responsible Officers in different districts to
examine the claims of Adivasis who are in possession of land'.
Hereto annexed and marked EXHIBIT E is a copy of the said Order.
23. The Petitioner's case is that though the letter of the law changed not
much effort or earnest will was put to its implementation even though
26
the State has been reiterating its determination to implement the
aforesaid Resolutions since 1978 to as recent as 2008. This is borne
out at the State's own admission wherein as per the provisions of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 the State admits that over 31 of its 35 districts have been
notified as atrocity prone districts.
24. Being aggrieved by the acts of omission and commission by the
Respondents of having divested over hundreds of thousands of SC
families of their right to dignified life and failure to implement
Government Resolution dated 27/12/1978 and 28/11/1991 at
EXHIBIT A and B, this Writ Petition is preferred on the following
grounds which are without prejudice to one another.
GROUNDS
A. Though by Government Resolution dated 27th December, 1978
the regularization of fallow/grassland by encroachers as on 31st
March, 1978 was required to be completed within a time bound
period, this has still not been done.
B. That having acknowledged that the 1978 Resolution was not
implemented the State Government issued another Resolution
extending the cut-off date from 1st April, 1978 to 14
th April,
1990. This too was not implemented. The State Government
issued a number of circulars to ensure implementation of both
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the Resolutions. That by various Government circulars in
particular circular dated 22/04/1992 and Resolution dated
23/03/1999, Collectors were informed to initiate proceedings of
regularizing agricultural encroachments on Government
grasslands and yet nothing has been done. Instead the attacks on
Dalits tilling their land have greatly increased, to divest them
from their lands.
C By government circular No. LEN-10/2004/C.No. 49/J-1 dated
9th
March, 2007, once again the Collectors were directed to
initiate proceedings on priority basis by regularizing the
encroachments within a period of three months. The Divisional
Commissioners are required to review monthly the situation
prevailing in their area. Due to the inaction of the part of the
Government Officials and taking advantage of this situation the
upper Caste Hindus started forcibly evicting the Dalits even
though they are covered by the various Government Resolutions.
D That in a subsequent circular No. LEN-10/2004/C. No. 49/J-1
dated 4.12.2008 it was again noted that the encroachment on
Government grasslands upto 14.4.1990 had not yet been
regularized. Reference was made to all the Resolutions and
circulars issued by the State Government in this regard. It was
again reiterated that the regularization should be completed
within a time bound framework.
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E That instead of regularizing the encroachers covered by the
Resolutions dated 27.12.1978 and 28th
November, 1991
emphasis is being placed on divesting the Dalits of these lands
as rank encroaches. Further, attacks on Dalits have greatly
increased to evict them from the land they are cultivating. Not
only have a large number of Dalit families been attacked but
they have also been forced to leave their villages.
25. In the circumstances the Petitioners are entitled to reliefs including
interim reliefs.
26. The Petitioners have no other efficacious alternate remedy but to
approach this Hon’ble Court under Article 226 of the Constitution of
India and the reliefs as prayed for if granted shall be complete.
27. The Petitioner resides within the Jurisdiction of this Hon’ble Court
and the Respondents offices are in Mumbai. Therefore the cause of
action arises within the Jurisdiction of this Hon’ble Court to entertain
and try this Petition.
28. The Petitioners have not filed any other Petition before this Hon'ble
Court or any other High Court or Hon’ble Supreme Court of India
arising out of this subject matter.
29. The Petitioners are paying fixed court fee at Rs___________ for the
purpose of filing this petition.
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30. The Petitioners shall rely upon the documents referred to and relied
upon hereinabove.
31. The Petitioners have not received any Caveat application from the
Respondent side till date.
PRAYERS
32. THE PETITIONERS THEREFORE PRAY AS UNDER:
a. That this Hon’ble Court be pleased to issue a writ of
mandamus, directing the Respondents to give effect to its
Government Resolutions dated 27th December, 1998 and 28
th
November, 1991 at EXHIBIT A and EXHIBIT B forthwith by
regularizing the encroachments upto 14th
April, 1990.
b. To direct the State of Maharashtra to submit a monthly report
to this Hon’ble Court as to the steps taken to give effect to the
GRs dated 27th
December, 1978 and 28th November, 1991 to
be ascertained by a Commissioner of this Hon'ble Court.
c. That this Hon’ble Court be pleased to issue a writ of
Prohibition or any other writ, order or direction in the nature of
prohibition restraining the Respondents from evicting or
dispossessing the SCs/STs cultivating Government
30
wasteland/grassland or from destroying their crops on the said
lands without first conducting an investigation into whether the
encroachers are entitled to be regularized and that the aid of
local organizations and NGOs be taken to identify the SC/STs
cultivating grasslands/wastelands, and that they be heard
before giving an adverse decision against them.
d. Pending hearing and final disposal of this Public Interest
Litigation, Order this Hon'ble Court be pleased to pass orders;
i. To direct the Respondents to give effect to its Government
Resolutions dated 27th December, 1978 and 28
th
November, 1991 at EXHIBIT A and EXHIBIT B
forthwith by regularizing the encroachments upto 14th
April, 1990.
ii. To direct the State of Maharashtra to submit a monthly
report to this Hon’ble Court as to the steps taken to give
effect to the GRs dated 27th
December, 1978 and 28th
November, 1991 to be ascertained by a Commissioner of
this Hon'ble Court.
iii. To restrain the Respondents from evicting or dispossessing
the SC/STs cultivating government wasteland/grassland or
from destroying their crops on the said lands without first
conducting an investigation into whether the encroachers
are entitled to be regularized and that the aid of local
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organizations and NGO's be taken to identify the SCs/STs
cultivating grasslands/wastelands, and that they be heard
before giving an adverse decision against them.
e. Ad-interim relief in terms of prayer (d) be granted.
f. For cost of the petition.
g. For such further and other reliefs or direction as the nature
circumstances of the case may require.
Advocate for the Petitioners Petitioner
Recommended