Cattle Cannot Be Allowed To Stray In Cities: Gujarat High Court Rejects Plea Seeking To Earmark Gauchar Land In Vadodara

The Bench comprising Chief Justice Aravind Kumar and Justice Ashutosh J Shastri was hearing a writ petition seeking directions to the State Government to immediately provide Gauchar land to the Maldhari community within the limits of Vadodara Municipal Corporation and that the authority charge the minimum penalty from the community till the Gauchar land is provided.

The Petitioner herein, a contractor hailing from the Maldhari community filed the petition, claiming to espouse a public cause. It was averred by him that the community had lost land to accommodate and grass the cattle due to the expansion of the city. As a result, the cattle was being kept in nearby lands for grazing and feeding purposes and for said purpose Gauchar land was reserved in rural areas.

The attention of the Bench was drawn to a notification which seized the land for the cattle found on public places and imposed fines on the community. It was contested that the State was under an obligation to provide Gauchar land to the economically backward community. To bolster this contention, reliance was placed on Sharda Sahakari Gruh Mandali Ltd. v. Ahmedabad Municipal Corporation and Mustak Hussain Mehndi Hussain v. State of Gujarat, wherein the Court had directed the State to provide Gauchar lands to the cattle for grazing amongst other directions.

Making note of these contentions, the Bench averred that the Petitioner himself belongs to Maldhari community which mean he has personal interest.

Even if the Bench were to ignore this factum, it was opined that Gauchar land is to be preserved for cattle grazing in the Gujarat Land Revenue Code at the village level, taluka level and district level. This provision was the rationale for the Sharda Sahakari and the Mustak Hussain judgements. However, the State was not obligated to provide Gauchar lands in cities like Ahmedabad, Surat, Vadodara. Justice Kumar and Justice Shastri opined:

"If the persons who own the cattle in the cities, then they are required to ensure that the said cattle are kept in cattle shed or not allowed to stray in public streets, which would be causing public nuisance and many a times, road traffic accident or other mishaps would occur due to straying."

It added,

"There is a responsibility cast on the owners of the cattle to tither their cattle in the cattle shed and not to allow them to graze elsewhere like leaving them in the city on roads. In that view of the matter, prayer sought for by the petitioner in this petition for issuing direction to the respondents to provide gauchar land in cities would be impermissible and it stands rejected."

Insofar as the issue of fine was concerned, the Bench stated that the members are at liberty to pursue the Commissioner of Municipal Corporation and to get the cattle registered in consonance with the directions in the aforesaid judgements.

Case Title: JHALABHAI REVABHAI SATIYA (BHARWAD) Versus STATE OF GUJARAT

Case No.: C/WPPIL/30/2022 

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