- (1.) THE appellants, who claim settlement of waste -lands in their favour, belonging to Deoghar District, filed application for the same, which was rejected by the original, appellate and revisional minorities. The orders of ejection were also challenged before the learned Single Judge n the writ petition, which has also been dismissed by the impugned order dated !6th August, 2004.
(2.) COUNSEL for the appellants while submitted that the appellants have the light of settlement of waste lands, placed reliance on Clause -16 of Part -II of the Santal Praganas Manual, 1911, which stipulates rights and duties of raiyats. The aforesaid Clause -16 reads as follows : Village common rights. - (a) The village community has joint rights over the waste land of the village. Jamabandi raiyats have a preferential right to the settlement of it for reclamation. No waste land may be settled with a non -jamabandi raiyat without the consent of the Sub -Divisional Officer and the proprietor. The raiyats, if aggrieved by the action of the proprietor in settling waste land, may object before the Sub -Divisional Officer, who, after due enquiry, may set aside or modify the settlement. No sal or other reserved tree may be cut down, in order to reclaim waste land, without the permission of the proprietor. The proprietor shall not unreasonably refuse such permission. No land recorded as village grazing land may be brought under cultivation. (b) Jamabandi raiyats have the right to graze their cattle free of charge on recorded gazing lands and on village waste land not reserved for forest under Sec.15, Regulation III of 1872; but, with the sanction of the Deputy Commissioner, the proprietor may, for a specified period, enclose with an adequate fence a reasonable portion of the village waste land, to promote the growth of forest, and during such period, grazing will be prohibited within the enclosed area. If the raiyats allow any other cattle to graze within the village, the proprietor will be entitled to fees. (C) Jamabandi raiyats have the right to take free of cost from the village waste land not reserved for forest under Sec.15, Regulation 111 of 1972, leaves brushwood (jhanti) and small trees of the undeserved species, to the extent of their own household and agricultural requirements but they cannot sell or barter these. (d) Sal trees may not be out by the proprietor or raiyats when less than 9 inches in girth, except as permitted to the latter for reclamation under clause (a) above, Jamdbandi raiyats may, with the permission of the proprietor, cut sal trees between 9 inches and 18 inches in girth to the extent of their reasonable requirements for the construction or repair of their houses. The proprietor shall not unreasonably withhold such permission nor make any charge for the same. If the proprietor refuses permission, the raiyats may object before the Sub -divisional Officer. The proprietor may also cut or permit to be cut sal trees between 9 inches and 24 inches in girth, but only for his own use, or for sale to raiyats of his own estate, and to the extent of his or their reasonable requirements for household and agricultural purposes, provided always that he does not thereby prejudice the present or future timber supply of the raiyats of the village. When sal trees attain a girth of 24 inches, they shall be at the absolute disposal of the proprietor. (e) In addition to sal, the following are reserved trees which may not be cut without the permission of the proprietor: - (1) Valuable trees Satsal, Murga, Pan]an, Kanta, Siris, Sagwan, Tund, Kusum, Deodar, Arjun, Sisu, Mohogany, Palas. (2) Fruit -bearing trees -Mango, jack, Tal, Tamarind Mahna, Bel, Khejur, Khend, Jamun, Kaith, Kadam. (3) Large trees -Any tree which is over 18 inches in girth. Note. -The girths noted in clauses (d) and (e) are to be taken at an elevation of 3 feet from the ground. (f) All Jamabandi raiyats and poor residents of the village are entitled to enjoy rent -free, to the extent of their domestic and agricultural requirements, the produce of the mahua trees whether growing on holdings, or on the village common lands, or in the reserve forests. If any one has any complaint to make about the unfair distribution of the mahua trees, he may prefer it before the Sub -Divisional Officer, who may alter the distribution after taking into account the reasonable requirements of each villager when the number of trees is in excess of village requirements, the Sub -Divisional Officer may assign the surplus to the proprietor. (g) I any dispute arise regarding the exercise of the rights included in this section, the person aggrieved may complain to the Sub -Divisional Officer. Having heard the counsel for the parties, while we accept that the village community in general has joint right over the waste -land of the village, the submission that the land is to be settled with only jamabandi raiyats cannot be accepted. Jamabandi raiyats can necessarily claim preference of the jamabandi rights over settlement, that too as and when step is to be taken for such settlement.
(3.) THIS apart, though the appeal has been preferred after a delay of 111 days, the delay has not been explained properly. The appeal is, accordingly, dismissed on both the counts.;