MILK PRODUCERS ASSOCIATION ORISS Vs. STATE OF ORISSA
LAWS(SC)-2006-2-82
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on February 02,2006

MILK PRODUCERS ASSOCIATION, ORISSA Appellant
VERSUS
STATE OF ORISSA Respondents





Cited Judgements :-

ASHARFI LAL VS. UOI [LAWS(DLH)-2009-7-21] [REFERRED TO]
ROSE VALLEY REAL ESTATES & CON-STRUCTIONS LTD VS. STATE OF TRIPURA [LAWS(GAU)-2012-9-78] [REFERRED TO]
JANPATH KHURDA BYABASAI SANGHA VS. STATE OF ORISSA [LAWS(ORI)-2009-9-4] [REFERRED TO]
OMFED BAZAR SANGHA VS. STATE OF ORISSA [LAWS(ORI)-2009-1-47] [REFERRED TO]
FOOTPATH KHYUDRA BYABASAI SANGHA VS. STATE OF ORISSA [LAWS(ORI)-2009-7-47] [REFERRED TO]
NEW SHUTTERING MARKET WELFARE ASSOCIATION (REGD.) AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2013-8-864] [REFERRED TO]
GREATER LEW POLO WELFARE ASSOCIATION VS. STATE OF MEGHALAYA [LAWS(GAU)-2011-6-10] [REFERRED TO]
BANWARI LAL SHARMA VS. UOI [LAWS(DLH)-2013-5-368] [REFERRED TO]
DEBEN SETHI S/O LATE BALUNKI SETHI VS. STATE OF ORISSA [LAWS(ORI)-2011-10-32] [REFERRED TO]
SWARAN SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2014-10-164] [REFERRED TO]
VIJAYASHREEPURA KSHEMABIVRUDHI SANGHA VS. STATE OF KARNATAKA [LAWS(KAR)-2016-12-10] [REFERRED TO]
ABHIMANYU RATHOR VS. STATE OF H.P. & OTHERS [LAWS(HPH)-2017-12-212] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted in all the SLPs.
(2.)The Appellants herein carry on business in milk. They have admittedly encroached upon government lands in the town of Bhubaneswar. The State of Orissa intended to evict them. The Chief Minister of the State of Orissa evolved a scheme allegedly for their rehabilitation. The villages selected for carrying out such rehabilitation job were not found to be suitable therefor. As they are sought to be evicted without offering them alternative plots, the Appellants filed writ petitions before the Orissa High Court. In the writ petitions it was inter alia averred :
"4. That since most of these Petitioners belong to the poorer strata of the society, their rehabilitation have engaged attention of the authorities at the highest level since the year 1987. In a meeting held on 1-6-87 under the Chairmanship of the Chief Secretary, it was decided that sites for such rehabilitation of Gowalas operating within Bhubaneswar city shall be selected by a committee consisting of Director of Veterinary Services; representatives of OMFED; A.D.M., Bhubaneswar; S.D.O., Bhubaneswar and representative of Bhubaneswar Development Authority. The minutes of the meeting held on 1-6-87 was sent to Chief Secretary, Secretary, Finance Department, Special Secretary, General Administration Department, Secretary, Forest and Animal Husbandry Department, Secretary, Revenue Department, Secretary, Housing and Urban Development Department, Vice-Chairman, Bhubaneswar Development Authority etc; vide letter No. 9838/CA, dated 14-7-87 by the Joint Secretary to Government in the Department of General Administration, Govt. of Orissa and Ex-officio Director of Estates.

5. That as per the decision of the High Power Committee, the site selection committee met on 11-6-87 and recommended that the milkmen/ private milk producers like Petitioners Nos. 2 to 240 be settled at Pratap Sasan, Tulsadeipur and Jamukoli.

6. That during 1989, the Government gave press statements to the effect that the Government had formulated scheme of rehabilitation, which is as follows :

(a) Allotment of Govt. land measuring 40 x 30 free of premium.

(b) Payment of disturbance allowance of Rs. 500/-.

(c) Payment of construction assistance of Rs. 3,000/- in two instalments for construction of dwelling house at the new site.

(d) Free Transportation of personal belonging of each Gowalla family.

(e) Provision of drinking water at the new site.

(f) Opening of fair price shop at the new site for sale of essential commodities.

(g) Opening of a fodder sale centre.

(h) Collection of milk by OMFED from the Gowallas who want to sell milk to it at the new site.

(i) Medical and Educational facilities at the new site ...

7. That despite all these exercise nothing has been done in the matter. Later on the Petitioners understand that vide letter No. Misc-BP-126/93 2240/BP/BDA Bhubaneswar, 7-4-94, the Advisor-cum-Planning Member wrote to Director of Estates that the site at Pandara seems to be the best suited for the purpose of rehabilitation because of the availability of water nearby and open spaces for cattle movement. In return the Director of Estates vide letter dated 3-9-94 intimated to Vice-Chairman, Bhubaneswar Development Authority that Government have already decided to rehabilitate the Gowallas in Mouza Pandara, Gakana, Patrapada, and Jokalandi. The Director of Estates requested the Bhubaneswar Development Authority to carve out plots in the above area for the purpose of rehabilitation of Gowalas. Thus, though the Government unilaterally changed the sites selected for rehabilitation, the Petitioners welcomed such action of the Government-

8. That pursuant to request under Annexure-2, the Advisor cum Planning member of Bhubaneswar Development Authority vide letter No. 5615/B/BDA/Misc-BP-176/93 Bhubaneswar, the 5-10-94 intimated the Director of Estates that as desired the layout plans of the concerned land in mouza Gadakana, Pandara, Patrapada and Joklandi have been prepared after determination of the optimum plot size required for a Gowala family. The plot size determined was 30 x 60. The said letter also made it clear that each plot would accommodate a shed of 11 to 12 cows, a residential unit with a plinth area of 484 sq. ft. and space for cow dung dumping and Gobar Gas Plant. Copy of the letter dated 5-10-94 is in the custody of Director of Estates. Ultimately, 432 plots have been carved out during 195 for allotment to the Gowalas at villages, Garkana, Pandara, Patrapanda and Jokalandi...

9. That the Petitioners understand that on 2-9-95, the director of Estates held further meeting in the presence of planning member of Bhubaneswar Development Authority, officer of Bhubaneswar Municipal Corporation, Orissa State Housing Board for immediate rehabilitation of Gowalas. Though in the said meeting a decision was taken to rehabilitate the Gowalas of Bhubaneswar immediately at Pandara, Gadakana, Jokalandi and Patrapada, till date nothing has been done in the matter."

(3.)The said statements were not denied and disputed in the counter affidavit, as would appear from paragraph 7 thereof which is as follows :
"That with regard to the averments made in para - 4 to 9, it is submitted that rehabilitation scheme has received for active consideration of Gowallas, it is submitted that present Milk Producers Association and Utkal Jadev Mahasangha have prayed for their rehabilitation. In the meeting held on 2-9-1995, the Members of Milk Producers Association have expressed that if they are rehabilitated in Village Pandaras, they will have no objection. In the meantime, Government have taken a decision to rehabilitate the Petitioners in Pandara Mouza and accordingly land measuring an area of AC. 28.180 dec. has been identified for the said purpose. Accordingly, B.D.A. has prepared a plan and Government have decided to allot 25x40 size plots to the Petitioners/Gowallas and they shall have to pay premium on the prevailing rate fixed by the Government. If these lands in village Pandara is not found to be sufficient few plots can be allotted in village Patrapada, Jamukoli and Jokalandi for their rehabilitation."



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