Ami Lal, S/o. Udram v. Municipal Board, Nohar, Through Its Executive Officer
2022-02-16
MADAN GOPAL VYAS, MANINDRA MOHAN SHRIVASTAVA
body2022
DigiLaw.ai
ORDER : 1. The petition has been filed by the petitioner with the allegation that the lands which are reserved as natural resources and protected as Gair Mumkin Johad Abadi and Sivayachak Barani Government Land of Village Nohar, Tehsil Nohar, District Hanumangarh have been encroached upon and those encroachments are not being removed. 2. Relying upon the order passed by this Court in the case of Arjun Singh v. The State of Rajasthan and others (D.B. Civil Writ Petition No. 12988/2021), prayer has been made for issuance of appropriate directions. 3. Relying upon earlier decision of this Court in the case of Jagdish Prasad Meena & Ors. v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 10819/2018 decided on 30.01.2019), this Court passed an order dated 21.09.2021 in D.B. Civil Writ Petition No. 12988/2021 to the effect that the authorities therein are under obligation to remove encroachments made on public utility land, Gochar and Oran land etc., keeping in view the directions issued by this Court in the case of Gulab Kothari v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 1554/2004). 4. Accordingly, this petition is also disposed of in terms of the order passed by this Court in the case of Arjun Singh (supra) with a direction to the respondents to take necessary steps for removal of the encroachments by treating the proceedings as directed vide order dated 30.01.2019 in Jagdish Prasad Meena (supra) wherein it has been ordered as below:- "In order therefore to provide a pan-Rajasthan solution to this ever persisting problem, we deem it appropriate to direct the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short 'PLPC') for rural areas. The PLPC should be head by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional officer/Tehsildar/Naib Tehsildar so as to verity whether or not such encroachments have actually taken place on such land.
The PLPC should be head by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional officer/Tehsildar/Naib Tehsildar so as to verity whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. The complaints/representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/representationist about the action taken. This would obviate the necessity of such complainants/representationists approaching this Court directly by way of public interest litigation. If this practice is put in place, this Court would not be inclined to directly entertain such public interest litigation or would do so only in the event of inaction on the part of the concerned PLPC. The PLPC aforementioned shall also keep in view the guidelines issued by the Supreme Court in Jagpal Singh & Others v. State of Punjab & Others, (2011) 11 SCC 396 wherein all the State Governments of the country were directed that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and the same must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. The said scheme should provide for the speedy eviction of illegal occupants, after giving them a show cause notice and a brief hearing. It was further held therein that long duration of the illegal encroachment/occupation of land or huge expenditure in making construction thereon or political connections of trespassers are no justification for regularising such illegal occupation. Regularisation should be permitted only in exceptional cases where lease has been granted under some government notification e.g. to landless labourers or members of Scheduled Castes/Scheduled Tribes or where there is already a school, hospital, dispensary, 'shamshan', 'kabristan' or other public utility of the like nature on the land. Observations of the Supreme Court in Jagpal Singh (supra) thus leave no manner of doubt that removal of encroachment on all such land is a rule and regularisation an exception and that too in extremely limited number of cases, which only the Government can do by appropriate notification of the government and no other authority." 5.
Observations of the Supreme Court in Jagpal Singh (supra) thus leave no manner of doubt that removal of encroachment on all such land is a rule and regularisation an exception and that too in extremely limited number of cases, which only the Government can do by appropriate notification of the government and no other authority." 5. The respondents are directed to take necessary steps and do the needful in accordance with the law. The petitioner may submit a fresh representation along with a copy of this order to the respondent No. 2-District Collector, Hanumangarh. 6. It is made clear that this Court has not commented upon the merits of the claims of the petitioner. By way of abundant caution, it is directed that the complaints made by the petitioner is examined by the District Collector or any authority as may be directed by the District Collector and also the representation which has already been made or going to be made before the District Collector, Hanumangarh within a period of three months. 7. The petition is disposed of accordingly.