Conduct Training Programs For 'Pradhans' Under UP Panchayat Raj Act, 1947: Allahabad High Court To State
Recently, the Allahabad High Court has directed the concerned department of the State to initiate training programmes to make the Pradhans in the State aware about their rights and duties under the U.P. Panchayat Raj Act, 1947.Several public interest litigations were filed in the Allahabad High Court challenging the construction of water tanks and RCC centres on the land reserved for...
Recently, the Allahabad High Court has directed the concerned department of the State to initiate training programmes to make the Pradhans in the State aware about their rights and duties under the U.P. Panchayat Raj Act, 1947.
Several public interest litigations were filed in the Allahabad High Court challenging the construction of water tanks and RCC centres on the land reserved for public purpose. It was argued that the land reserved for a specific purpose could not be used for any other purpose except in exceptional circumstances.
During the course of the hearing, the Court inquired from the petitioner whether the construction of water tank and RCC centres was being done in larger public interest. The answer was in affirmative. It was further inquired whether the said constructions would alter the nature of the land. To this query the Additional Advocate General replied that construction was carried out only on a small piece of land which would not hamper the use of the land for which it was originally reserved.
Counsel for petitioners argued that bhumidari rights cannot be accrued in certain land. Per contra, counsel for state argued that this was not a case creation of bhumidari rights in favour of any person or party but a case where a very small portion of the land reserved for public purpose was being used in the interest of public.
When the issue of Pradhans not responding to the letters of the public was raised by the petitioners, the Court directed personal appearances of the concerned Pradhans. Upon interaction with the Pradhans, the Court observed that most of them were not aware of their rights under Section 15 of the U.P. Panchayat Raj Act, 1947.
The Court held that construction of water tanks for public purpose will not render the land useless and no bhumidari rights were being created to attract the bar under Section 77 of the U.P. Revenue Code.
While disposing of the PILs, Justice Saurabh Shyam Shamshery directed the “concerned department to initiate some training programme for Pradhans within a period of three months from today, either on basis of Cluster or Commissionarate to make aware Pradhans, specifically women, about their rights and functions and to discourage concept of Pradhanpati.”
The Court held that even if a small part of land reserved for a public purpose was to used for some other purpose, the Goan Sabha and State officials must ensure that the same is being done after taking consensus from a large number of villagers to avoid litigation.
Case Title: Ambika Yadav v. State of U.P. and others [PUBLIC INTEREST LITIGATION (PIL) No. - 1050 of 2024]