Rajasthan
,
Mautabran
,
Jaisalmer
Published :
Jul 2017
|
Updated :
Conflict Over Extent of Graveyard Land in Rajasthan's Jaisalmer
Reported by
Ashish Gaur
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2013
Year started
8
Land area affected
Households affected
People Affected
2013
Year started
8
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Communal/Ethnic Conflict
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Communal/Ethnic Conflict
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The conflict is over a 49.18 bigha land in Mautabran village in Jaisalmer district of Rajasthan. This land is divided between three different parties. According to land records, 7.08 bigha land is registered in the name of a graveyard, 2.02 bigha is for Bhatia Samaj (a Hindu community) and the rest 40.08 bigha is for municipal corporation of Jaisalmer. In 2013, members of Bhatia Samaj moved High Court alleging that the members of Muslim community have expanded the graveyard beyond the land dimensions allotted to them. The court constituted a committee to check the allegation. The committee found that the graveyard exceeded the limit. Subsequently, the members of Muslim community moved to Supreme Court which ordered a stay and asked to maintain status quo. On July 3, 2017, when some members of the Muslim community went to the graveyard to bury a dead body, people of Bhatia Samaj objected saying that the matter is still pending in the court. District collector Kailash Chandra Meena said that the matter is subjudice. "It is a communally sensitive matter. We are dealing with it in a best possible manner," said Meena.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Nagar Palika, Jaisalmer

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Ashish Gaur
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Fact sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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