India News | Grazing Land Can Be Used Only for Permitted Purpose, Says SC

New Delhi, Sep 9 (PTI) Grazing land can be used only for purposes for which it is permitted, the Supreme Court has said while directing the authorities in Gujarat to bring gauchar (grazing) land situated in a village in Mehsana district and has been encroached upon, in conformity with its use.

A bench of justices Sanjay Kishan Kaul and M M Sundresh said on survey being conducted, 72 persons have been found to have made encroachment in the gouchar land in the village and only three out of them are entitled to alternative accommodation.

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The apex court noted in its order that in respect of user of gouchar land, it has been stated that government is running 'Anganvadi', school in the said premises while one cooperative society is running a dairy and there is a temple also.

“It is trite to say that gouchar land can be used only for purposes for which it is permitted to be used. If there is a user contrary to the permissible user, whether by the State or by any third party, the same cannot go on,” the bench said in its September 6 order.

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The top court was hearing a petition challenging the April 2019 order passed by the Gujarat High Court on a public interest litigation seeking removal of unauthorized encroachment on the gauchar land of a village in Mehsana district.

It noted that high court had dismissed the plea after obtaining affidavit in reply predicated on a reasoning that the people, who are unauthorisedly occupying the land, were from low-income strata of the society and residing there since years and thus, it would not be appropriate to direct their immediate removal unless alternative accommodation is provided to them by the state in accordance with its policy.

In its order, the top court noted that rehabilitation of persons is really not required in the present case as only three of them are entitled to an alternative site as per the rules.

“There is of course some dispute whether the encroachers have made permanent structures or ‘kuchha' construction for keeping cattle but be that as it may, the user cannot be contrary to what is being permitted for gouchar land, which is a grazing land,” it said.

It directed to bring the land in conformity with its use by the state government taking appropriate action within three months.

The apex court, while setting aside the high court order, said that compliance report be filed by the state within two weeks thereafter.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)