National Human Rights Commission
Subject : In relation to dispossession of applicant Doodh Nath Pal from his residence by village head and not re-allotment of land to him.
This is to bring in your kind notice that applicant Doodh Nath Pal aged about 45 years son of Late Kharpattu is the resident of Village Gokulpur, Post-Harhuaa, Police Station – Badagoan , District – Varanasi. He lived along with his family in a hut which was constructed over the land of Gram Sabha. His family comprises his wife Chirounji Devi aged about 40 years his children Soni aged about 14 years, Natthu Pal aged about 8 years, Kavita ,aged about 4, and Namita years aged about 2½ years. He earned his livelihood by daily wages labour. On 11/08/08 the village head Shiv Shakti Singh alias Rajan Singh demolished the hut of the applicant along with his companion and Lekhpal. They made the land plane with tractor. At that time it was raining heavily and his house hold articles were being damaged due to rain. His family became homeless. Even they had no place to cook food. His children became dependent over the mid day meal for food.
He had made complaint in written to SO of police station Badagoan, SSP-Varanasi, District Magistrate – Varanasi, Commissioner Varanasi Division, and Inspector General Varanasi Zone, but no one had paid heed to the plight of applicant. Even the SO of police station Badagoan abused him and threatened him to put in prison in a fake case. After becoming penniless he sat on protest at District Head Quarter along with his family. When the health of his two children Kavita and Namita became deteriorating, the SDM First admitted them in Pandit Din Dayal Governmental Hospital. They were under treatment there for four days. Since his problem of residence was still unsolved, so he sat on protest again along with his family. At least the SDM Pindra came to him and assured him allot land for his residence. He ended his protest and waited till 11/09/08, but no action was taken from the side of administration. Again he sat on protest along with his family on 12/09/08. The Chouki In charge of Kuchary admonished him not to sit on protest at night. On 22/09/08 the SDM Pindra came to him and assured him to allot land for his residence due to pressure exerted by media. On the same day the SDM Pindra ordered to Kanoongo and Lekhpal on phone to measure the land to allot the applicant. At the same the health of his child Namita became deteriorating due to malnourishment. So she was admitted to Pandit Din Dayal Governmental Hospital. On 23/09/08 the SDM Pindra came to the hospital and assured the applicant that he would be allotted two biswas of land as soon as he would be discharged from hospital. At the same time he had given Rs 100/ as financial assistance to his family. On 25/09/08, when he had been released from hospital, he approached to Lekhpal and asked for allotment of land. The said Lekhpal replied that he was preparing related document and he would measure the land on 26/09/08 after preparation of those related document. Again when he contacted to Kanoongo in morning of 26/09/08, he said that he was participating in funeral, so the land for applicant would be measured on the on 28/09/08. When in the morning of 28/09/08 at about 08:00 am the applicant contacted to SDM Pindra, Kanoongo, Lekhpal on phone, all of them assured that his land would be measured at 02:00 pm on the same day. The applicant had waited till two ‘o’ clock. Having seen no response from the side of administration he contacted to SDM Pindra on phone and asked for measurement, he advised the applicant to contact to District Magistrate. When the applicant asked the number of District Magistrate, the SDM Pindra showed his inability and had not given the number. When he asked about the matter to Kanoongo, he said that the SDM Pindra had refused to measure the land.
In entire matter the role of administration can not be understood. On one hand they assured him to allot the land for residence but on the other hand they took back their order. They did not give any explanations for cancellation of their order. It seems that the SDM Pindra assured to allot the land only to finish his protest. He never had intention to allot the land to the applicant. However, in entire matter the family of the applicant suffered allot. He is very poor and belongs to other backward community. The applicant and his family have been deprived from their basic needs i.e. food, shelter. His two children Soni, and Natthu Pal are studying in primary school, their study were badly affected in whole episode. So their right to education guaranteed by constitution is being violated. It is the duty of state to protect the constitutional rights. Since the applicant has no safe place to reside, so he is bound to sit on protest along with his family. He is compelled to live the nomadic life.
So, therefore it requested politely that ask the appropriate authority to take immediate action to make over relief to the applicant and his family, so that they could be allotted land for residence and become free from nomadic life. His BPL card and job card may be made so that the constitutional and other rights of applicant and his family may be secured and they could be supplied basic needs of life. The children of applicant may get education.
(Member core group)