Orissa HC: Farmers Cultivating On Government Land For Over 30 Years To Get Ownership Right

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Orissa HC Quashes Govt.Proposal Assigning Investigating Powers To Graduate Constables, Havildars
Orissa HC Quashes Govt.Proposal Assigning Investigating Powers To Graduate Constables, Havildars

Bhubaneswar: June 26: Any farmer cultivating on government land for 30 years will be entitled to get the ownership right. The Orissa High Court has asked the Odisha Government to come up with a relevant policy in this regard.

Court’s order said, the State government should bring out the policy before February 23, and till then, the status quo should be maintained on the concerned land.

Some cashew farmers from Balikuda Block in Jagatsinghpur district have been cultivating Cashew on government land since the year 1983. The administration has lodged a case of encroachment against the farmers. Farmers further moved the court against the encroachment case lodged by the administration.

Petitioners had alleged that, they have received the land for cashew plantations under the rehabilitation scheme of the Centre some 30 years back and the scheme was implemented by the State government. After the administration asked them to vacate the land, they had moved to the court.

Balikuda Tehsildar in its affidavit had mentioned that around 52 acres of land in Keupada, Brahmanidihi and Tentulipadari villages was identified and the district soil conservation department had decided to go for cashew plantations.

Out of the total land, 2 acres of land each was allotted to 26 beneficiaries in February 1986 and since then the farmers have been cultivating cashewnuts on the land. The Tehsildar had stated in his affidavit that the concerned beneficiaries do not have any ownership right on the patch of the land and the claim by them is not acceptable.

The High Court had ordered a status quo on the land while hearing the petitions in March 2003. The court in its previous hearing had directed to formulate a policy on how the land can be registered in the name of the beneficiaries.

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Further, State government had said, if the land will be  registered in the name of the petitioners, there will be similar requests by several others, who may have been granted land for cultivation by the Government.

State government further added that, the land can be used for other public welfare works. But, court had quashed such argument.

Court suggested, in such cases where the persons have been cultivating the land for over three decades, a scheme can be formulated, which would be beneficial both to the persons undertaking such cultivation as well as government.

 

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