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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;

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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

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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 )

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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

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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

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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,

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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.

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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

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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%.

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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.

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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

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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.

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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

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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

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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

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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

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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

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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

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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.

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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.

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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

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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.

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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

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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

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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

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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

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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