Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 1198 (RAJ)

Meena Saini v. State of Rajasthan

2019-04-23

ALOK SHARMA, NARENDRA SINGH DHADDHA

body2019
JUDGMENT : 1. The case of the petitioner is that illegal encroachment illegal construction on Government Land, charagah land, in front of Govt. School as also the Govt. Hospital gair mumkin nadi, talab, talai, public way has been made and illegal commercial activities on temple land, mandir maafi in abadi land, as well as sand mining in river, illegal construction are going on without any remedial statutory action by the respondents. These illegal and unauthorized activities are alleged to be spread over khasra numbers 84, 24, 80, 82, 356, 83, 85, 86, 366, 82, 393, 394, 395, 396, 397, 367, 368, 369, 358, 400, 405 to 408/364, 365, 362, 357, 412 to 416, 438, 439 and 447 to 451 in Panchayat Kanwat-Khandela. Directions for corrective action in exercise of statutory powers of the respondents authorities have been sought. 2. Reply to the petition has been filed. It has been submitted that the allegations in the petition with regard to the encroachments and illegal activities in Panchayat Kanwat-Khandela though partially correct are overreaching in nature and several of those lawfully in possession of land in their khatedari land and otherwise carrying out legitimate activities are also sought to be targeted. 3. An additional affidavit of one Mahipal Singh, presently posted as SDO, Khandela, Sikar in defence to the petition has also been filed. It has been submitted that as per the directions of this Court issued on 4.2.2019 a consolidated report of the present status as on 28.2.2019 of all the alleged encroachments in the petition has been submitted. It has been stated that the proceedings under Sec. 91 of the Rajasthan Land Revenue Act, 1956 (hereafter 'the Act of 1956') have been initiated by the competent authority against the encroachers identified and where encroachments have been found after' due process, several dispossessed. Unlawful activities were being regularly identified and are also being addressed as per law. But on both counts there is no terminus and enforcement of law is an ongoing process. It has been submitted that in some cases encroachers identified by the respondents have the protection of interim order's of the Court's and consequently no action qua such encroachers has been taken-albeit the stay orders and the main petitions will be and are being contested. 4. The issue of encroachments is an epidemic. There is no starting or ending points in respect of encroachments. 4. The issue of encroachments is an epidemic. There is no starting or ending points in respect of encroachments. Breach of law accrues for varied reasons in the everyday business of life and corrective action is taken by the competent authorities in accordance with law. The cycle thereafter starts afresh often by other breaker's of law and sometimes those earlier dispossessed of encroachments. A PIL generally seeking all the alleged encroachers to be removed or stoppage of unauthorized use of land seeks an Utopia. We are of the considered view that such matters praying for overarching final relief in respect of ongoing issue of administration are not appropriate to be addressed individually by this Court. The issue of encroachments is a question of fact and has to be determined following due process after notice to the alleged encroachers or other breakers of law. Such as those relating to un-authorize use of land. It however goes without saying that that the respondents are under a legal duty to protect public property, uphold land user laws and ensure compliance therewith on ongoing basis. In the affidavit of one Mahipal Singh, recorded above, it has been stated that requisite action against several encroachers in Panchayat Khandela has been taken. It is directed that it be so done on an ongoing basis and a centralized registry in that regard Updated every two months be maintained at the SDO level. As far as certain encroachers having approached the Court's below and obtained for interim protection, the respondents should take steps forthwith for engaging competent lawyers and move requisite application for vacation of such stay order's before the concerned Trial Courts; revenue or civil as the case may be--or even before quasi judicial/statutory authorities. The trial Court's are directed to address the applications for vacation of interim orders at instance of those in possession without a clear legal right within six weeks of filing. Besides, the main suit's or proceedings filed and pending before the Trial Courts/statutory authorities should be finally disposed of within a period of 12 months. It is also made clear that in the event of the plaintiff/noticee seeking to stall proceedings before the trial or revenue Court or competent/statutory authorities without just cause, the trial Court/competent authority shall be free to resort to its powers to take proceedings ex-parte and pass final orders. It is also made clear that in the event of the plaintiff/noticee seeking to stall proceedings before the trial or revenue Court or competent/statutory authorities without just cause, the trial Court/competent authority shall be free to resort to its powers to take proceedings ex-parte and pass final orders. With the aforesaid directions, this petition is accordingly disposed of.