Document Fragment View

Matching Fragments

56. Change of land use  from Meikkal Poramboke to Industrial area:-

Now we proceed to deal with the question whether the decision to change the land use from Meikkal poramboke as industrial area is unreasonable. Learned counsel for the Petitioner contended that S.Nos.32/2 and 33/2 are Meikkal poraboke used as grazing ground by the livestock of Thervoy Kandigai village and other villages. It was submitted that the village has 90% literacy rate and the main occupation of the District is agriculture and allied activities and most of the farmers are marginal farmers holding small extents of land and their income is augmented by raising cattle. It was further submitted that the entire Meikkal poramboke lands in S.Nos.32/2 and 33/2 are being used as grazing land and conversion of grazing land to industrial use will have disastrous consequences and the village communities would loose the grazing land and their livelihood.

58. It was further argued that any such conversion of grazing land would be opposed to the policy of the Government. Taking note of decreasing area of permanent pastures, Policy Note No.6 for 2004-05 specifically states that Government are ordering not to transfer grazing land for other purpose unless alternate land of the same is transferred as grazing land in the same District.

59. Contention of the Petitioner is that transfer of Meikkal poramboke to SIPCOT for developing as industrial estate is in contravention of policy of the Government and G.O.Ms.No.186 Animal Husbandry and Fisheries Department dated 11.12.2001. It was further argued that as per G.O.Ms.No.186 dated 11.12.2001, grazing land cannot be transferred without providing alternate land for the same extent. It was further submitted that in Thervoy kandigai population is about 5000 out of which 90% belong to SC/ST category and village people are dependent upon the grazing land for catering to their cattle and the act of the Government in transferring the land to SIPCOT has resulted in depletion of grazing land which seriously affects the rights of the residents of Thervoy Kandigai and their livestock.

VERNACULAR (TAMIL) PORTION DELETED In its Policy Note No.6 for 2004-05, Government referred fodder development activities and increasing fodder production. In its Policy Note, Government expressed its concern over decreasing area of permanent pastures and other grazing grounds. Government noted that over-exploitation of available grazing land has led to its depletion of grazing land and Government ordered not to transfer grazing land for other purposes unless alternate land of the same extent is developed as grazing land in the same District. Reiterating G.O.Ms.No.186 Animal Husbandry and Fisheries Department dated 11.12.2001, Policy Note for 2004-05 also states that for the above purpose, development charges at the rate of Rs.6000/- per acre or Rs.15,000/- per hectare should be deposited in the local fund account.

67. Much emphasis was laid upon G.O.Ms.No.186 Animal Husbandry and Fisheries Department dated 11.12.2001 wherein Government ordered that grazing land are not to be transferred for other purpose unless alternate land of same extent is developed as grazing land in the same District. As per the impugned notification G.O.Ms.No.650 Revenue Department dated 13.11.2008, alternate land of the same extent is to be identified either in the same District or in the adjacent District. In the impugned G.O., it is further stipulated that if SIPCOT is not able to develop alternate land, it has to pay the land cost along with interest and also developmental charges. By so saying restriction on transfer of grazing land has been relaxed. Onbehalf of the Petitioner, it was mainly contended that relaxation of G.O.Ms.No.186 Animal Husbandry and Fisheries Department dated 11.12.2001 is arbitrary. It was further submitted that as per Policy Note for 2004-05 that without developing alternate land, grazing land cannot be transferred and relaxation of restriction on transfer of grazing land is arbitrary and unsustainable.