Rajasthan
,
,
Dungarpur
Published :
Oct 2016
|
Updated :
2,000 Landless Farmers Demand Khatedari Rights over Disputed Land in Rajasthan
Reported by
Manish Tiwari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
2000
People affected
1992
Year started
7042
Land area affected
Households affected
2000
People Affected
1992
Year started
7042
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

More than 400 landless tribal families in Dungarpur district live in fear of eviction. These families have been demanding _khatedari _rights over 17,402 acres of land spread across 21 villages in the district. They claim to have been cultivating and living on this land for generations. The disputed land is called 'chak beelanam'. It belonged to the erstwhile king of Dungarpur and was acquired by the state government under the Rajasthan Land Reforms and Acquisition of Land Owners Estates Act, 1963. While the Act states that the land should be allotted to landless persons for the development of agriculture, successive governments failed to ensure this. As a result, some occupants are registered only with _gair khatedari _rights, and several others have technically become encroachers on their own land.
Dungarpur Collector Indrajit Singh informed the media that the bestowing of _khatedari _rights to the landless farmers have been delayed because the erstwhile king's family and the state government are locked in a case over the quantum of compensation. According to the Vagad Mazdoor Kisan Sangathan, fighting for the farmers' cause, "the pending case has no bearing as far as allotment, regularisation or conferment of tenancy rights to tribal families is concerned. The farmers have been denied their rights and are being penalised and issued notices under Section 91 of the Rajasthan Land Revenue Act, 1956.
According to a media report, between 1987 and 1992, 452 families were allotted _gair khatedari _rights, but they are yet to get full _khatedari _rights. The issue acquired a new dimension when a large portion of the land came under the urban periphery of Dungarpur Municipal Council. Now, every time the municipal council plans to undertake a new project, the farmers fear they will be evicted.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Demand for legal recognition of land rights

Demand for compensation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common

Forest and Non-Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing, Residential area, Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

State Government

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Vagad Mazdoor Kisan Sangathan

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Manish Tiwari
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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Demand for legal recognition of land rights

Demand for compensation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing, Residential area, Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

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