Declare Mendha in Gadchiroli as ‘Gramdan’ village: HC to govt

The bench noted that while the Collector, Gadchiroli, had issued a declaration in 2013, the notification was not issued under the 1964 Act by the state government, despite it being under obligation to do so.

A division bench of Justice Avinash G Gharote and Justice Urmila Joshi-Phalke last month passed a verdict, copy of which was recently made available, on a plea by Mendha (Lekha) Gram Sabha through its president Devaji Navalu Tofa seeking issuance of notification declaring the village located in Dhanora tehsil consisting of 84 families as Gramdan village.

On October 21, 2013, the villagers had submitted their individual declarations to the District Collector, after which the Collector had declared it as ‘Gramdan’ village. However, no further action was taken by the state government, argued advocate Akshay Sudame. The Divisional Commissioner of Nagpur addressed the letter to state government to issue notification under Section 39 of the Act. However, the government has not issued the same for the past nine years.

Moreover, Maharashtra Gramdan Board had made representation to the state government that due to delay in notifying and confirming powers to concerned villages under Village Panchayat Act, it is being deprived of financial and administrative power.

In December, 2021, Ministry of Revenue and Forest conducted a meeting under the chairmanship of minister, wherein Gram Vikas and Panchayat Raj department had stated that it would not be proper to confer such powers on petitioner.

The state government in August 2019 formed a committee for assessment of tribal areas under Vivek Pandit who wrote to then Chief Minister Devendra Fadnavis indicating the delay and inaction by the state government.

The bench noted that Bhave was an advocate of non-violence and spiritual successor of Mahatma Gandhi and had spent his entire life to persuade landowners to give up (bhoodan) their lands to the landless and the said movement had succeeded in collecting about 1.9 million acres of land as it got active response from citizens. To give legal effect to said movement, the 1964 Act was enacted, it added.

“The inaction on the part of the state government frustrates the objective of the Act as it is enacted in pursuance of the Gramdan movement initiated by Acharya Vinoba Bhave,” the bench noted.

Allowing the plea, the bench noted that there was ‘no explanation’ from the state as to why the notification was not issued by it. The HC asked the state to take appropriate steps to ensure that the compliance is made within four weeks from the date of the order.