Gram Panchayat Tilanju, Panchayat Samiti Malpura, Distt. Tonk Through Its Sarpanch Priyanka Naruka D/o Shri Bhanwar Lal Naruka v. State of Rajasthan Through Chief Secretary, Government Secretariat, Jaipur
2018-02-07
ALOK SHARMA
body2018
DigiLaw.ai
ORDER : 1. Counsel for the petitioner submitted that property of Gram Panchayat Tilanju, Tehsil Malpura District Tonk including the pasture land, land allotted to hospital and designated roads are being constantly encroached and despite representations to the Collector Tonk and the Sub Divisional Officer Tonk no effective actions are being taken which is causing annoyance to the Gram Panchayat and obstructing the discharge of its duties to the public under the Rajasthan Panchayati Raj Act, 1994 (hereafter 'the Act of 1994'). 2. Reply to petition has been filed on behalf of Tehsildar Malpura and SDM Malpura stating that on complaints received requisite steps have been taken and encroachments removed. And if further encroachments are found they will be similarly removed. 3. Mr. Laxmikant Sharma, counsel for the petitioner submitted that no sooner the encroachers are removed, they return, and complaints thereafter are of no avail. He prayed that the respondents be directed to exercise their powers effectively including coercive powers statutorily conferred to ensure that encroachments are not a recurring menace. 4. Heard counsel for the parties and perused the petition as also the reply thereto by respondents No.6 and 7. 5. The administrative shortcomings of the government are leading to overcrowding of the docket of this court. This case is just another instance. Removal of encroachment on complaints found to be correct has to be resorted to under Section 91 of the Rajasthan Land Revenue Act, 1956 in respect of land as defined thereunder and where abadi land is involved resort to Section 447 of the Indian Penal Code can be taken. If the encroachers return each time they are driven out their removal is of little consequence and only entails multiplication of work of administrative authorities with no real succour to the complainant. Steps should be taken to ensure that encroachers do not return to encroach again and cook a snook at the authorities. 6. This state of affairs of repeated encroachment only reflects the casual nature of administration and in fact its failure. The administrative authorities i.e. the Collector Tonk and Superintendent of Police Tonk ought to be sensitive to the issue of encroachment in regard to complaints made by Gram Panchayat Tilanju, as continued encroachments despite complaints lead to sense of despondency amongst the general public and entail a premium to law breakers and their patrons. 7.
The administrative authorities i.e. the Collector Tonk and Superintendent of Police Tonk ought to be sensitive to the issue of encroachment in regard to complaints made by Gram Panchayat Tilanju, as continued encroachments despite complaints lead to sense of despondency amongst the general public and entail a premium to law breakers and their patrons. 7. The Chief Secretary, Government of Rajasthan in the circumstances is directed to instruct the Collector and the Superintendent of Police Tonk to take requisite action on receipt of complaints, after due process, regarding encroachments in Gram Panchayat Tilanju by ensuring exercise of ample powers with reference to Section 91 of the Rajasthan Land Revenue Act, 1956 and Section 447 IPC as may be applicable to particular encroachments on panchayat land. The Collector Tonk is also directed to have the complaints as to encroachments of land of Gram Panchayat evaluated and ensure that requisite action available in law is taken with an eye on ensuring no repetition. 8. A copy of the order be sent to the Chief Secretary, Government of Rajasthan for necessary action in the matter. 9. The petition stands accordingly disposed of.