Monday, April 21, 2014

Vikas Samiti Goner Road v. State of Rajasthan & Ors., CWP (PIL) No.14191/2012

Summary: The below case has been filed by way of a Public interest Litigation against illegal encroachment by land grabbers who have set up residential colonies over public land  reserved for a pond. The petitioner had previously made complaints regarding the same way back in 1996/2006 for which reason the Petition could not be considered at this stage.

The Court, however, held that it would be considered appropriate to grant liberty to the petitioner to make representation in light of the Jagpal Singh Judgement and in furtherance of the circular dated 25.04.2011 issued by the State Government in compliance of the said judgement, apprising the competent authority of the grievance, who after due examination, may pass speaking order within three months thereafter and the final decision may be communicated to the petitioner.

In The High Court of Judicature for Rajasthan
Jaipur Bench, Jaipur
D.B. Civil Writ Petition (PIL) No.14191/2012
Date : 14.11.2013

Hon'ble Mr. Justice Ajay Rastogi
Hon'ble Mr.Justice J.K. Ranka

Mr. R.R. Sharma, for petitioner.

Instant public interest petition has been filed by the vigilant society of whom the petitioner is a social worker & President of Vikas Samiti Goner Road (East) Ghati Karolan Colonies, Jaipur.

The main grievance of the petitioner for invoking jurisdiction of this Court is that the illegal encroachment is rampant going on over the public land which has been reserved for catchment area for resources of water (pond), situated at Khaniya Bandha, Ghat Ki Guni, Jaipur which was constructed in the year 1899 by the then His Highness of Jaipur for supply of water to the villagers of Goner and nearby villages situated at Agra Road. 

His further contention is that the reserved land has been encroached by some of the land grabbers and they have set up residential colonies and as regards the present petitioner, he is fighting with tooth & nail and going from pillar to post by making his complaints to the respective authorities but all his efforts remained in vein and after the legal notice of demand for justice being served, has approached to this Court by filing public interest petition.

As regards the complaints which has been alleged by the petitioner, it pertains to the year 1996/2006 which were made to the respective authorities and after service of legal notice in the year 2012, filed instant public interest petition in this Court. 

He has further brought to our notice that Hon'ble Apex Court in Jagpal Singh & Ors. Vs. State of Punjab & Ors., (Civil Appeal No.1132/2011 @ SLP (C) No.3109/2011), decided on 28.01.2011, while taking cognizance of such alike encroachments nearby pond areas, finally disposing of public interest petition observed as under :-

“Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.”

He further submits that in compliance of directions of Hon'ble Apex Court, referred to supra, sent to all the Chief Secretaries of the States, the State Government has also issued circular dt.25.04.2011 but that remains a paper compliance and according to him the respective authority has not given effect to the mandate of law & the circular issued by the State Government and that is the reason for which he has approached to this Court by filing instant public interest petition.

Since the representations/applications made by the petitioner pertain to 1996/2006 and has approached to this Court after serving legal notice in the year 2012, that cannot be considered at this stage, however, we consider it appropriate to grant liberty to the petitioner to make representation in light of the judgment, referred to supra, & in furtherance of the circular issued by the State Government in compliance thereof dt.25.04.2011 apprising of the grievance raised herein to the competent authority, who after due examination, may pass speaking order within three months thereafter and final decision may be communicated to the petitioner who if still feels aggrieved will be at liberty to avail remedy which the law permits to him.

With these directions/observations, the petition stands disposed of.

(J.K. Ranka),J. (Ajay Rastogi),J.

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