Public Land In Uttar Pradesh Most Vulnerable To Encroachment, Authorities Not Discharging Their Functions In Timely Manner: Allahabad HC

 Sparsh Upadhyay7 Jan 2021 9:12 PM

In a significant observation, the Allahabad High Court on Thursday (07th January) said that Public land in the State of U.P. is most vulnerable to encroachment and such encroachment "over such public land is not countenanced by the legislature." 

Noting that the Uttar Pradesh Revenue Code, 2006, is the response of the legislature to deal with the endemic problem of encroachment over public lands, the Bench of Justice Ajay Bhanot further observed, "The purpose of legislative intent will be defeated in case the statutory authorities do not discharge their statutory functions in a timely manner."

The matter before the Court

The counsel for the petitioner (Yash Pal Singh) contended that the petitioner had intimated the competent authority about encroachment of public land; however, the competent authority failed to discharge the statutory obligations under Section 67(2) of the Uttar Pradesh Revenue Code, 2006.

It was alleged that the proceedings were pending for an inordinately long time, without good reasons as the authorities have not implemented the statutory mandate.

It was also submitted that due to apathy and failure on part of the respondents have been emboldened to continue the encroachment with a sense of impunity.

Court's order

Underlining that encroachment on public lands causes irreversible damage to public interest and that the courts too have set their face against such encroachment, the Bench observed,

"The officials charged with the duty, to investigate and clear such encroachment, are under an obligation of law to proceed with dispatch, efficiency and in conformity with the provisions of the statute while dealing with issues relating to encroachment over public lands."

Lastly, the Standing Counsel was directed to obtain instructions from the competent authority "as to why the said authority has been prima facie negligent in performance of its statutory duties."

The matter has been posted for further hearing on 05th February 2021.

Case title - Yash Pal Singh v. State Of U.P. And 8 Others [Public Interest Litigation (PIL) No. - 1780 of 2020]

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