Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Santhal Parganas Settlement Regulations 1872 - Regulations. 24 and 25 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Santhal Parganas Tenancy (supplementary Provisions) Act, 1949 (0 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Santhal Parganas Settlement Regulations, 1872 -Regulations. 24 and 25 - De-reserve or de-notify gochar (village grazing land) - Power of State Government - Record of rights whereby certain land recorded as Gochar, village grazing land - Identification of the said land as suitable for construction of hospital - Notification by State Government de-notifying and releasing Gochar land and in its place declaring Gairmajarua (Government) Khas land as Gochar. Writ petition seeking prohibition of construction of hospital in the said gochar, allowed by High Court -ยท On appeal held: Land recorded as a gochar in the record-of-rights of a village in pursuance of a settlement under the Regulations, can be re-opened and altered at any time, without waiting for the next settlement, with the previous sanction of the State Government. On facts, Deputy Commissioner, authority empowered to re-open the record-of-rights for de-reserving the land recorded as gochar, made a proposal seeking the sanction of the State Government, for de-reserving the gochar - State Government by the Notification granted approval for de-reservation and earmarked alternative land as gochar - Notification has to be read as an order granting re-opening of the final record of rights of the village for the purpose of de-reserving the gochar for constructing a hospital for the public purpose and the same was consented to by the village headman and all Jamabandi Raiyats - Thus, Notification is valid - Order of High Court is set aside and the hospital is allowed to function in ex-gochar land.Santhan Parganas Tenancy (Supplementary Provisions) Act, 1949:s. 2(1) - Scope of - Held: De-reservation or re- categorisation of a land recorded as gochar in the record of rights is not within the scope of the Act -s. 2(1) cannot be treated as the source of power to issue a Notification de-reserving gochar.s. 38 - Grazing land shall not be cultivated - Prohibition u/s. 38(1), in regard to non-grazing use - Applicability of -Held: If the land is not recorded as gochar or village grazing land, or if the land ceases to be shown as gochar or village grazing land in the Record-of-Rights for valid reasons, bar u/s. 38(1) would not apply.Practice and Procedure - Omission to refer provision of law which is the source of power, or mentioning of a wrong provision - Held: Would not by itself render the government order invalid or illegal, if government had the power under an appropriate provision of law. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 38 |
Petitioner | State Of Jharkhand & Ors. |
Respondent | Pakur Jagran Manch & Ors. |
SCR | [2011] 1 S.C.R. 687 |
Judgement Date | 2011-01-12 |
Case Number | 436 |
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