Chattisgarh High Court
Sarpanch Gram Panchayat vs State Of Chhattisgarh on 30 September, 2022
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPPIL No. 56 of 2019
• Sarpanch Gram Panchayat Tilkeja Through - Kul Singh Kanwar, S/o
Late Shri Sahoran Singh Kanwar, Aged About 43 Years, Presently
Working As Sarpanch Gram Panchayat Tilkeja, Tahsil - Korba, District
- Korba Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through - The Secretary, Department Of
Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur,
District : Raipur, Chhattisgarh
2. Collector Korba District- Korba Chhattisgarh,
3. Sub Divisional Officer (Revenue), Korba, District- Korba Chhattisgarh
4. The Tahsildar Korba, District- Korba Chhattisgarh,
5. Smt. Swarn Kaur W/o Kuldeep Singh Sikh R/o Main Road, Korba,
Tahsil And District- Korba Chhattisgarh
---- Respondent
(Cause-title taken from Case Information System)
For Petitioner : Shri Ajay Kumar Barik, Advocate.
For Respondents No.1 to 4 : Shri Gagan Tiwari, Deputy Govt. Advocate.
For Respondent No.5 : Shri Awadh Tripathi, Advocate.
Date of Hearing : 19/09/2022
Date of Judgment : 30/09/2022
Hon'ble Shri Arup Kumar Goswami, CJ &
Hon'ble Shri Deepak Kumar Tiwari, J
C A V ORDER
2
Per Deepak Kumar Tiwari, J.
The petitioner has filed the instant Public Interest Litigation seeking
direction against the respondent authorities to provide spacious road for
approaching the Community Health Centre situated at Village Tilkeja, as also
to provide gifted land to the petitioner, which is around 0.32 acres, which is to
be broadened by the members of the Gram Panchayat for easy access to the
said Community Health Centre.
2. The petitioner is an elected Sarpanch and representative of the Janpad
Panchayat, Korba and Gram Panchayat Tilkeja. The State of Chhattisgarh has
constructed a Community Health Centre for the betterment of the people of
said Gram Panchayat. It is submitted that the subject land bearing Khasra
No.306, ad measuring 0.32 acre, is situated within the territory of village
Tilkeja, having Patwari Halka No.12/8, which is duly registered in the
Revenue Records of Tahsil Bhainsma and District Korba. The original owner
of the land namely, Shri Baman Rao, son of Pilaji Rao, gifted the said land to
the State Government vide gift deed dated 20.8.1985. Thereafter the said land
was allotted to the Department of Health Services by the then Government of
Madhya Pradesh and necessary entry in the Revenue Records has been made
on 9.2.1988. It is pleaded in the petition that the subject land was never
owned by the respondent No.5, however, respondent No.5 illegally occupied
the said land. The land bearing Khasra No.306 contains an area 2.18 acre and
out of the same, 0.25 acre is being used as a cremation ground, mango garden
and a Kachcha Road, which is also reflected in the record of the Tehsildar.
The land was earlier in the name of the then landlord Mr. Dhanraj Kunwar,
which was later on used by the villagers for the purpose of reaching the
cremation ground. The land bearing Khasra Nos.306 & 359 is used for
transportation of dry woods to the cremation ground.
3. The then landlord Shri Dhanraj Kunwar had gifted the said land to Shri
Baman Rao, son of Shri Pilaji Rao in the year 1963 and thereafter the land was
mutated in the name of Shri Baman Rao. The State Government has
constructed the Community Health Centre on the land which was gifted by
Shri Baman Rao. On 9.3.2005, an order was passed by the respondent No.5 in
respect of 0.30 acre of Khasra No.306/1, and the land was accordingly
mutated. The respondent authorities had constructed the Community Health
Centre over Khasra No.309 whereas in Khasra No.306, only 5 feet road has
been provided by the respondent No.5 for approaching the Community Health
Centre and the cremation ground. Thereafter respondent No.5 has approached
respondent No.4 for modification of the order dated 9.3.2005 whereupon
respondent No4 vide order dated 20.9.2005 directed for updation of the
recorded map.
4. One public representative (Janpad Member) had moved an application
before the Collector for rectification of the Revenue Records, on which the
Collector had passed an order on 28.3.2007 against the State Instrumentalities.
The said order has been challenged before the Revisional Authority in the year
2007 and an ex-parte order has been passed against respondent No.5
upholding the order passed by the Collector and the Tehsildar. The Revision
Application was accordingly rejected by the Revisional Authority on
15.12.2009. The former Janpad Member had moved a representation seeking
action for the public at large. However, respondent No.2 did not decide the
matter and in the presence of higher officials only assurances had been given
to fulfill the demands of the public at large. The petitioner had approached the
Gram Sabha requesting to provide approach road to the Community Health
Centre. A proposal has been passed by the Gram Sabha to move an
application before the Collector, Korba and the Sub Divisional Officer
(Revenue), Korba for removal of encroachment and if need be, to move a
petition before this Court.
5. Learned counsel for the petitioner would submit that the State
instrumentalities should give first priority to provide the basic amenities of
medical facilities. For the interest of public at large, the respondent authorities
should provide spacious roads for smooth access of the Ambulance to the
Community Health Centre.
6. In the return filed on behalf of the respondents No.1 to 4, it is submitted
that the Primary Health Centre has been constructed on the land bearing
Khasra No.309, PH No.30, Village Tilkeja. The land bearing Khasra No.308,
PH No.30 is a land adjacent to the land on which the PHC is situated, which is
recorded in the Revenue Records (B-1 Khasra) as Road and on the said land,
bitumen road is laid under the Pradhan Mantri Gram Sadak Yojna having
width of 3.75 meters leaving 1.5 meters on both sides. It is pertinent to
mention here that the main building of the PHC is connected through the mud
road constructed over the land bearing Khasra No.308. The ground of the
PHC is an open land and any one can approach to the PHC. The State/
respondents would deny the existence of the Community Health Centre at
Village Tilkeja and would submit that Primary Health Centre exits on the
main road of Village Tilkeja. Earlier Rani Dhanraj Kunwar was the owner of
Khasra No.306 measuring 2.14 acre, and she donated the entire land to Baman
Rao, son of Pilaji Rao Gayakward. Thereafter, the said Baman Rao gifted a
piece of land ad measuring 0.30 acre of Khasra No.306 to the Health
Department on 20.8.1985 through a gift deed, based on which, on 9.2.1988,
the land bearing Khasra No.306/1, area 0.30 acre, had vested with the State
Government. It was submitted that the land bearing Khasra No.306 was
acquired by the said Baman Rao from Dhanraj Kunwar and the said land is
close to the main road, which is also recorded in the revenue map, however,
the land bearing Khasra No.306/1 is not located on the main road as per the
revenue map. It was also submitted that the Primary Health Centre is
constructed over the land bearing Khasra No.309, area 0.59 acre and the said
land is recorded in the name of the State Government in the Revenue Records
and there is no obstruction in approaching the PHC.
7. It was further submitted that the land ad measuring 0.30 acre of Khasra
No.306/1 was gifted to the State Government by Baman Rao and at present
the said land is being used for the purpose of burial ground and for
approaching the said burial ground, the lands bearing Khasra No.306/2 and
306/3 are being used since long and no road exists over the said lands. It is
pertinent to mention here that the land bearing Khasra No.306/1 was never
encroached by respondent No.5 and the said land is Government land. It was
further submitted that the land bearing Khasra No.306/1, area 0.30 acre, which
was carved out from the land bearing Khasra No.306, area 2.14 acre is being
used for the purpose of burial ground and no road exists over the said land.
Khasra No.306/1, area 0.30 acre belongs to village Tilkeja which falls under
the Patwari Halka No.12/18 and Shri Baman Rao, son of Pilaji Rao, original
owner of the land, gave the said land to the State Government through the
non-registered gift deed and based on the said gift deed, the said land was
recorded in the name of the State Government on 9.2.1988. Thus the land
bearing Khasra No.306/1 was not owned by respondent No.5 and respondent
No.5 has never been in possession of the said land.
8. It was submitted that one Mahesh Sharma had filed an application for
correction of map as per the Revenue Records before the Tehsildar and vide
order dated 9.3.2005, the map was directed to be corrected by showing Khasra
No.306/1 adjacent to Khasra No.308 and the remaining Khasra Nos.306/2,
306/3 and 306/4 to be in continuation to Khasra No.306/1. Later on, an
application for correction of map was moved by respondent No.5 through
Hardeep Singh, upon which a report was obtained from the concerned
Revenue Inspector on 25.8.2005 and based on the said report, vide order dated
20.9.2005 the said mistake was corrected. Being aggrieved by the order dated
20.9.2005 passed by the Tehsildar, Korba, a revision was preferred by one
Mahesh Prasad before the Collector, District Korba, which was dismissed vide
order dated 28.3.2007. Being aggrieved by the said order, Mahesh Prasad
again approached the Board of Revenue, Bilaspur by way of Revision and the
Board of Revenue vide order dated 15.12.2009 affirmed the order passed by
the Collector, District Korba, as also the order dated 20.9.2005 passed by the
Tehsildar, Korba. Thus, it is apparent that rectification of the mistake
occurred in the map with regard to the land bearing Khasra No.306/1 was
affirmed by the Board of Revenue. In view of the above, it is evident that the
Primary Health Centre is constructed over the land bearing Khasra No.309
which is located on the main road and the said road is constructed over the
land bearing Khasra No.308. There is an open land in front of the PHC and no
boundary wall has been constructed and from the main road, anybody can
approach the Primary Health Centre. Therefore, the petitioner is not entitled
for any relief and the Writ Petition deserves to be dismissed.
9. Respondent No.5 in his return has submitted that Khasra No.306/2 and
306/3 are private lands, however, on account of erroneous order dated
9.3.2005 passed by the Tehsildar, Korba, the land has been wrongly
mentioned as Government land in the map and it was duly corrected by the
Tehsildar vide order dated 20.9.2005. The petitioner and others have
encroached upon the private land of respondent No.5 by erecting barbed wire
and also by way of tree plantation. Therefore, a proceeding under Section 250
of the CG Land Revenue Code has been initiated. It is further pleaded that
Khasra No.301, area 2.89 acre, recorded under the head of cremation land in
the Nistar Patrak is actually the Dhasra/approach road of the cremation
ground.
10. We have heard learned counsel for the parties at length and perused the
material available on record.
11. In the matter of State of Uttaranchal Vs. Balwant Singh Chaufal 1, the
object of entertaining the Public Interest Litigation is highlighted. The
1 (2010) 3 SCC 402
following was observed at para-36:
"36. Public interest litigation is not in the nature of
adversarail litigation but it is a challenge and an
opportunity to the government and its officers to make
basic human rights meaningful to the deprived and
vulnerable sections of the community and to assure
them social and economic justice which is the signature
tune of our Constitution. The Government and its
officers must welcome public interest litigation because
it would provide them an occasion to examine whether
the poor and the down-trodden are getting their social
and economic entitlements or whether they are
continuing to remain victims of deception and
exploitation at the hands of strong and powerful
sections of the community and whether social and
economic justice has become a meaningful reality for
them or it has remained merely a teasing illusion and a
promise of unreality, so that in case the complaint in
the public interest litigation is found to be true, they can
in discharge of their constitutional obligation root out
exploitation and injustice and ensure to the weaker
sections their rights and entitlements."
12. The public interest litigation is mainly filed to provide spacious road for
approaching the Government Health Centre, village Tilkeja. The State
authorities in their reply have clearly stated that the Primary Health Centre
(PHC) is located on the road of village Tilkeja to Pahanda having capacity of
10 beds and is constructed over a land bearing Khasra No.309, PH No.30. It
is further submitted that adjacent to the said land, Khasra No.308 is recorded
in the Revenue Records as Road and on the said land, bitumen road is
constructed having width of 3.75 meters leaving 1.5 meters on both sides.
13. In the return filed by the State authorities, it is specifically mentioned
that Khasra No.306/1 is a Government land and it was never encroached by
respondent No.5. Khasra No.306/1, where cremation ground is constructed, is
only approachable through Khasra No.306/2 & 306/3, which is an open and
private land of minor Nitish Kumar, son of Hardeep Singh.
14. It is an admitted position that by way of an unregistered gift deed dated
20.8.1985, Baman Rao, son of Pilaji Rao has gifted a part of land bearing
Khasra No.306, ad measuring 0.32 acre for construction of the hospital.
Khasra No.306/1, area 0.32 acre was mutated in the Namantaran Register at
Sr. No.23 on 9.2.1988. Khasra No.306 consists of total 2.14 acres which was
divided into 4 parts viz. Khasra No.306/1 (Government land), Khasra
No.306/2 & 306/3 (recorded in the name of minor Nitish Kumar, son of
Hardeep Singh) and Khasra No.306/4 (recorded in the name of Yugal Kishore,
son of Bhagwandeen).
15. On the application of one Mahesh Prasad Sharma, the map of land
bearing Khasra No.306/1 was corrected by the Tehsildar on 9.3.2005.
Thereafter on the application of respondent No.5, the Tehsildar has observed
that the map was actually not corrected as per the order of the Court and
rectification in the map was ordered on 20.9.2005. The said order was
assailed by the said Mahesh Prasad Sharma before the Collector by way of a
Revision, which was dismissed vide order dated 28.3.2007 and the said order
was also affirmed by the Board of Revenue vide order dated 15.12.2009,
thereby rectification of mistake occurred in the map with regard to the said
land was affirmed.
16. The issue involved in the present PIL is about location of the land
allotted to the Health Department of the State Government at village Tilkeja,
as well as location of map of Khasra No.306/1 and the correction made by the
Tehsildar on 20.9.2005 which was affirmed in the Revenue Proceedings,
which has attained finality. The said finding recorded by the Board of
Revenue was not challenged by the aggrieved parties. In the circumstances,
the question whether respondent No.5 is in possession of correct Khasra
Number or not, does not arise as in the revenue proceeding, it was found that
respondent No.5 has not encroached upon any Government land. If any other
issue concerning title of the land remains, the same is a disputed question of
fact which cannot be gone into in this petition. It is established that proper
approach road is available for PHC Tilkeja and it is situated on the road side
and for the cremation ground, Dhasra (approach) road is available and through
the private land, no access can be ordered as a matter of right. Even if the
petitioner and others have allegedly encroached upon the said private land, the
matter is subjudice before the Tehsildar.
17. However, it is observed that if a right of any person is affected on
account of the findings given in the revenue proceedings about location of
land of Khasra No.306/1, if so advised, he may avail appropriate remedy
available to him under the law.
18. In the result, we do not find any substance in the present Public Interest
Litigation. The same deserves to be and is hereby dismissed.
19. No order as to costs.
Sd/- Sd/-
(Arup Kumar Goswami) (Deepak Kumar Tiwari)
Chief Justice Judge
Barve
