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The Supreme Court has recently held that the Gauchar land (Grazing Land) can be used only for purposes for which it is permitted to be used.

Court held the same in a plea challenging the Gujarat High Court order in a Public Interest Litigation, seeking removal of unauthorized encroachment on the Gauchar land of Village Bhandu (Laxmipura), Mehsana.

A division bench of Justice Sanjay Kishan Kaul and Justice MM Sundaresh noted, "the user cannot be contrary to what is being permitted for Gouchar land, which is a grazing land."

The Gujarat High Court had dismissed the Public Interest Litigation relying on the affidavit stating that the people who have encroached on the land are living here for several years and belongs to a very low-income group of the society.

72 persons have been found to have made encroachment in the Gouchar land, whereas, 3 of them belong to Scheduled Caste category and 2 of them belong to the Socially Economically Backward Class.

However, the bench noted that the encroachers belonging to the Scheduled Caste have been provided with benefits under Amedkar Aavas Yojana, whereas, others already have resident and agricultural lands in the nearby vicinity.

It was further noted that "In respect of user of the gouchar land it is stated that Government is running Anganvadi, school in the said premises. One cooperative society is running dairy and there is one temple of Hanumanji."

However, the bench observed, "If there is a user contrary to the permissible user, whether by the State or by any third party, the same cannot go on."

Over the issue of rehabilitation of the encroachers, the bench further observed that rehabilitation of persons is not required in this case as only three persons are entitled to an alternative site as per rules.

The bench has provided a maximum period of 3 months for the state to appropriate action while directing the state to submit a compliance report within 2 weeks thereafter. 

Case Title: Rameshbhai Virabhai Chaudhari Vs. The State of Gujarat and Ors.