31/12/2024
VVVI.MUST READ JUDGEMENT.
CONCEPT OF CHARAGAH LAND.
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Historically, charagah referred to open pasture, a field or meadow used for grazing cattle. This land was considered as common land reserved for grazing purposes, for the benefit of the village and not of any individual. It was historically considered as non-cultivable, explicitly used for a collective purpose, as part of the collective rights of the village. Charagah land was found in the form of a strip of land, three squares or rectangle in extent, all around the village abadi which would give a clear space of 500 feet width between the outer houses and the nearest cultivation. This strip of land was always maintained by the village and was not to be allotted or sold or exchanged but could, if required, be used for public purpose. Some of the public purposes included extension of schools and playgrounds, pits for temporary storage of manure, for village tanks and for planting of trees. The basic concept of charagah was that it was used for grazing purposes for the residents of the locality, however, with the development of towns and municipalities, the usage of this land became an issue. Consequently, Collectors of Districts were authorized to re-fix charagah areas. However, this power was misused, hence, the BOR issued Memorandum of 1998 with reference to the practice of converting state land into charagah land stated therein that charagah land around the villages could not be converted into state land and could not be used for any purpose other than a public purpose and that too with the permission of BOR. This notification was issued to address the concern that District Collectors were converting charagah areas into state land for the purposes of allotment under various different schemes. Accordingly, this notification sets the policy of the government that charagah land cannot be converted into state land nor can it be allotted for any purpose other than a public purpose and that too with the permission of the BOR. Through various subsequent notifications/ memorandums issued from time-to-time, detailed statements of conditions were provided with respect to the leasing out of charagah land. However, it is important to note that on 09.07.2001 a notification was issued providing for the statement of conditions for grant of proprietary rights in state land whereby charagah land was specifically excluded from the grant of proprietary rights. On 01.07.2003, another notification was issued providing the statement of conditions for grant of state land for agricultural purposes to landless tenants and small land owners whereby once again charagah land was excluded from the category of state land which could be granted for agricultural purposes. Even in cases where a temporary lease of state land was given with reference to charagah land, it was for a very specific period and even at times for a specific quantum of land. Therefore, the notifications issued over time essentially either excluded charagah land from being leased out or if included for the purposes of leasing, specific conditions were provided such as a specified period of time was given usually not exceeding three years and the quantum of land was also provided, sometimes not exceeding four acres. Furthermore, there is no notification which grants proprietary rights, lambardari grants or long-term lease of charagah land.
State land, on the other hand, is land owned and controlled by the State. The Land Record Manual defines it as government land, crown land and nazool land. The record of rights shows the land in the ownership of the State which means they can allot it, lease it or use it for public purposes, as per government policy. Usually, this land is used for revenue generation as opposed to charagah land which was a common resource for the village. Hence, the distinction between state land and charagah land is obvious and clear. Charagah land is not state land which is why its usage has to be approved by the BOR. The distinction between state land and charagah land is evident from aforementioned notifications as charagah land is clearly defined and described as open pasture land for grazing purposes which retains its key fundamental characteristics of being used for public purposes. State land, on the other hand, is land in the ownership of the government which can be allotted or sold depending on the applicable scheme. Hence, charagah land is not state land as it has very distinctive features as is evident from the Charagah Policy and the Notification of 2001.
With reference to the lambardari grant, lambardars appointed as village headman were granted land under specific schemes such as the Pedigree Livestock Breeding Scheme or the Temporary Cultivation Scheme. By way of Notification of 2006, a criterion was set for grant of state land on lease to lambardars, on the basis of which, state land could be given to lambardars for the duration of their tenure. They would hold the land on lease during this time and no proprietary rights could be granted even for state land. The purpose of the lambardari grant was to give the lambardar a stake in the village revenue collection and to exercise as lambardar. Although much has changed over time, the lambardari grant continues even today as a form of compensation provided to the lambardar, and continues for long duration.
Grant of charagah land, if at all, in terms of lambardari grant, under the Colonization of Government Lands (Punjab) Act 1912 requires approval from the Board of Revenue, that too, for a public purpose and for specific period. It cannot be leased out for an indefinite term to a lambardar for the period of his tenure.
C.P.L.A.3297/2024
Muhammad Yousaf v. Member Judicial - IV, Board of Revenue, Punjab Lahore and others
Mrs. Justice Ayesha A. Malik
28-11-2024
