HC gives Nanded collector 6 months to hear pleas on removal of encroachments from govt land given to gurdwara

Chhatrapati Sambhajinagar: The Bombay high court's Aurangabad bench has directed the Nanded district collector to "give clear instructions and assign a particular officer" to conduct and finish an inquiry process within six months over the removal of encroachments from a 153-acre govt land, which was given to the Nanded Gurudwara as Pattedar.A Pattedar land refers to agricultural or private land where an individual/organisation holds direct ownership rights under the government, with their name registered in revenue records.The impending inquiry/hearing is to be conducted under Section 53 of the Maharashtra Land Revenue Code (MLRC), which empowers the Collector to summarily evict any person in unauthorized or wrongful possession of land vested in the State Govt. However, the Collector must give notice and a reasonable opportunity for the occupant to be heard before passing an eviction order.On March 17, the bench of Justice Vibha Kankanwadi and Justice Hiten Venegaonkar set specific terms and deadline to finish the hearing process, while observing that the deputy collector's previous directive on Oct 20, 2023, to begin the MLRC Section 53 action to free the Pattedar land of encroachments, resulted in the officials resorting to avoiding tactics. "We are making it clear that delaying tactics will not be allowed and appropriate action then will be taken against such officer, who would prolong the matter unnecessarily," the bench warned.Sardar Manjeet Singh, who is trustee of Sachkhand Hazur Khalsa Diwan Nanded, commonly referred as the Nanded Diwan — a spiritual guide body associated with the Gurudwara, had filed a writ petition for the removal of encroachments on the prime land given by the govt to the Gurudwara as Pattedar in 1954.Advocate Ganesh Gadhe, representing Singh, told TOI, "The govt land has a market valuation of about Rs 2100 crores. We have submitted in the petition that portions of the land have been encroached upon by private parties for constructing private as well as commercial properties and that revenue authorities failed to take statutory action despite repeated representations."The HC noted in its March 17 order, "It has been concluded prima facie that land in question was given as Pattedar to Gurudwara.The legal opinion given by District Government Pleader, Nanded also makes a mention apart from the board of the Committee that the record shows that in all 18 survey numbers including Khasra Patrak, Pahani Patrak, 7/12 extract etc. were considered and the Gurudwara was the Pattedar of land."The HC expressed its astonishment over the revenue records showing the names of some private individuals and remarked that ‘those names have been included without following any legal procedure and, therefore, the opinion has been given by the District Government Pleader that the action needs to be taken under Section 53 of the Maharashtra Land Revenue Code.'The additional govt pleader on instructions from Nanded tehsilar Sanjay Digambarrao Warkad had submitted that action under Section 53 of the MLRC would start from the next week and taking into consideration the number of persons i.e. more than 10,000, who are required to be heard, it will take at least one year to complete the said procedure.The HC then noted, "The documents on record already indicate that the Deputy Collector (General), Nanded had taken cognizance for taking action under Section 53 of the MLRC in March 2023 and accordingly the directions were given to Tahsildar, Nanded to start the said action.Tahsildar in turn directed Circle Officer, Nanded City and Talathi, Sajja Nanded had given further directions to take the action.Surprisingly, the Circle Officer, Nanded City again made a communication to the petitioner and informed him that the powers under Section 53 of the Maharashtra Land Revenue Code are with the Collector."ends