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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3511  OF 2004

STATE OF M.P. AND ORS.                         Appellant (s)

                     VERSUS

NILENDRA PRATAP SINGH                          Respondent(s)

WITH C.A.Nos.3512 to 3517 of 2004, 3521 to 3535 of 2004, 3537 to 3541 of 2004, 3543 to 3564  of 2004, 3566 to 3573 of 2004, 3577 to 3583 of 2004, 3588 to 3592 of 2004, 3594 to 3613 of  2004, 3614 to 3617 of 2004, 3619 to 3624 of 2004, 3565, 3593, 3618, 3584 to 3587, 3625, 3518 to  3520/2004.

O R D E R

C.A.No.3625/2004:

Delink and list separately.

Rest of the appeals:

These are appeals by the State of Madhya Pradesh.  The appellant State had allotted  

charnoi land to landless persons belonging to Scheduled Caste and Scheduled Tribes.  According  

to the appellant,  this was done as part  of the implementation of the mandate contained under  

Article 46 of the Constitution of India. Various persons belonging to non-S.C./S.T.s filed writ  

petitions before the High Court of Madhya Pradesh alleging that the allotment of land exclusively  

to S.C.s/S.T.s was not proper and similar extend of land should be allotted to such persons.  The  

High Court, by the impugned judgment, has held that the classification made by the State was not  

proper and others were also entitled to get allotment of   land  and  ultimately the High

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Court has directed that  the  State shall  endeavour to arrange land allotment  equivalizing land  

allotted to the S.C.s/S.T.s and the unoccupied land shall thus be allotted to such persons.  Though  

notice was served on the respondents, nobody has appeared when the case was called out.  The  

appellant State has filed an affidavit on 29.1.2007 to the effect that the charnoi land is not going to  

be distributed to the landless persons under the Circular issued by the Revenue Department of the  

State Government earlier.  On 13th October, 2008 the State Government has filed another affidavit,  

para 4 of which is quoted below :

“4. That the State Govt. has received several proposals wherein difficulties have been  expressed and requests have been made for allotment of Nistar land including Charnoi for  using  the  same for  public  utility  purposes  like  construction  of  roads,  State  highways,  national  highways,  canals,  tanks,  hospitals,  schools,  colleges,  Goshalas  and Abadi  etc.  Seveal  villages  are  included  in  urban  areas  governed  by  M.P.Municipality  Act  and  M.P.Municipal Corporation Act.  Land recorded as Nistar including Charnoi land in such  villages is not being used as Nistar and that such land is also required for various public  utility  projects  in  public  interest  and  often  no  other  appropriate  government  land  is  available for such projects.  Realizing these difficulties, the State Govt.  has reconsidered  the matter and the following decisions have been taken -

(i) Total land reserved for Charnoi will not be reduced below 2% in any village;

(ii) Land  reserved  for  Charnoi  shall  not  be  diverted  and  allotted  to  any  one  for  agriculture purpose;

(iii)The Charnoi land in excess of prescribed 2% and also land recorded under any other  head of Nistar Patrak may be allotted in public interest for construction of roads, State  highways,  national  highways,  canals,  tanks,  hospitals,  schools,  colleges,  Goshalas  and  Abadi  and  any  other  public  utility  projects  as  may  be  determined  by  the  State  Government.”

In the said affidavit it was stated that the Charnoi land  will not be reduced below  

2% in any village and such land in

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excess of 2% and also the land recorded under any other head of Nistar Patrak may be allotted for  

public  interest  for  construction  of  roads,  State  highways,  national  highways,  canals,  tanks,  

hospitals, schools, colleges, Goshalas and Abadi and any other public utility projects as may be  

determined by the State Government.  Learned counsel appearing for the State Government has  

submitted that in view of this change, the State would not be in a position to comply with the  

direction of the High Court.  In view of this undertaking/statement and fresh policy decision of the  

Government, the direction of the High Court about land allotment is modified and the appeals are  

disposed of accordingly.  No costs.

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

NEW DELHI; FEBRUARY 5, 2009.