BHOODAN LANDS Probe irregularities, take appropriate action: SIC Nagpur Bench to State
Date :03-Aug-2024
By Kartik Lokhande :
Expressing concern over lack of any authentic record and papers about Bhoodan lands and apathy shown by Bhoodan Yadnya Mandal (BYM), Nagpur Bench of the State Information Commission (SIC) has recommended to the Maharashtra Chief Secretary to conduct a probe into Bhoodan land parcels that have gone missing in the last few decades.
“Such an exercise will help the Government in compiling information about the lands received under the Bhoodan Movement, examine their use, and better management of Bhoodan lands. Also, this will help the State Government to obtain objective information about irregularities, and initiate appropriate action at the administrative level in accordance with the prevailing legal provisions,” stated Rahul Pande, State Information Commissioner, Nagpur Bench, in his order.
The order was issued after hearing an appeal filed under the Right to Information (RTI) Act by Yadavrao Kevalram Kathoke against Public Information Officer with District Collectorate (Records Section), Nagpur.
In the order, the SIC Nagpur Bench also asked the Divisional Commissioners of Nagpur and Amravati divisions (covering entire Vidarbha region) to collect information about Bhoodan lands and make it available in public domain so as to get the latest status about use of these land parcels. He also suggested to initiate stern action against land sharks and pliable individuals who joined hands in unauthorised transactions of Bhoodan lands across Maharashtra, and particularly in Vidarbha.
The SIC cited a study conducted by Sarva Seva Sangh which highlighted that 76,000 acres of Bhoodan land was missing in unified Andhra Pradesh. It also cited a ruling of the Gujarat High Court, which also expressed shock over the mind-boggling land scam in the land parcels received from people under Bhoodan Movement and had recommended district-level and State-level panel to probe the Bhoodan land missing from the records.
Citing both these, the SIC Nagpur Bench recommended to the Maharashtra Chief Secretary to take appropriate steps to protect lands received from people who responded to call of the great Gandhian Acharya Vinoba Bhave, who was honoured with the country’s highest civilian award ‘Bharat Ratna’.
In 2016, the Gujarat High Court had suggested to the committees at district-level to prepare a database of Bhoodan lands donated during the Bhoodan Movement, from the Government records, from the records of the Bhoodan Samitis, and also from other sources, with the details of the names of original owners, dates of donation, names of Bhoodan Samitis, names of allottees/donees, and existing status of such lands. It had directed Gujarat Bhoodan Samiti and Gujarat Sarvoday Mandal to extend full co-operation and support
record from Bhoodan Yadnya Mandal and it was a separate statutory entity.
The Mandal insisted that RTI Act was not applicable to it.
Rejecting the stand taken by BYM that it was not receiving any aid and was not amenable to RTI Act jurisdiction, the SIC Nagpur Bench noted that it was formed under Madhya Pradesh Bhoodan Mandal Act, 1953 and this was mentioned so prominently on its official letter-head bearing the National Emblem. Besides, at Yavatmal and Nagpur, the office of the Mandal is situated in District Collectorate premises. Hence, such a stand taken by the BYM is contrary to Gandhian principles, the SIC noted while holding that as per Section 2(h) (c) of the RTI Act 2005, the Mandal is a body constituted by State law and very much amenable and duty-bound to furnish information under the RTI Act. It is the onerous responsibility of the Mandal and its office-bearers to fulfil the wishes of Mahatma Gandhi and Acharya Vinoba Bhave and distribute the land to landless farmers and labours and protect it from land sharks, the SIC added.
Bhoodan Yadnya Mandal under the ambit of RTI Act, rules SIC
Bhoodan Yadnya Mandal was set up by law to supervise and co-ordinate thousands of acres of land parcels received under the historic Bhoodan Movement launched by Acharya Vinoba Bhave in 1950s. In the instant appeal filed by Kathoke, the SIC ruled that Bhoodan Yadnya Mandal was very much covered under the RTI Act, 2005. Kathoke had sought details of Bhoodan land in Ramtek tehsil and all papers pertaining to any transfer only to receive response from BYM that it had no record and that the applicant might contact the Revenue authorities concerned. In turn, the Revenue authorities pointed out that the record room at the Collectorate had not received record from Bhoodan Yadnya Mandal and it was a separate statutory entity.
The Mandal insisted that RTI Act was not applicable to it.
Rejecting the stand taken by BYM that it was not receiving any aid and was not amenable to RTI Act jurisdiction, the SIC Nagpur Bench noted that it was formed under Madhya Pradesh Bhoodan Mandal Act, 1953 and this was mentioned so prominently on its official letter-head bearing the National Emblem. Besides, at Yavatmal and Nagpur, the office of the Mandal is situated in District Collectorate premises. Hence, such a stand taken by the BYM is contrary to Gandhian principles, the SIC noted while holding that as per Section 2(h) (c) of the RTI Act 2005, the Mandal is a body constituted by State law and very much amenable and duty-bound to furnish information under the RTI Act. It is the onerous responsibility of the Mandal and its office-bearers to fulfil the wishes of Mahatma Gandhi and Acharya Vinoba Bhave and distribute the land to landless farmers and labours and protect it from land sharks, the SIC added.