Bhanwar Singh & Anr. v. State of Rajasthan & Ors. [Order dated 02.11.2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Civil Writ Petition No. 7974/2020

1. Bhanwar Singh S/o Mangal Singh, Aged About 80 Years, R/o Mangal Singh, Kanaji Ki Dhani, Hariyasar, District Jaisalmer, Rajasthan.
2. Lakh Singh S/o Amb Singh, Aged About 61 Years, R/o Village And Post Hariyasar, Rajmathai, District Jaisalmer.

----Petitioners 

Versus

1. The State of Rajasthan, Through The District Collector, Jaisalmer.
2. Sub Divisional Officer, Bhaniyana, Jaisalmer, Rajasthan.
3. Development Officer, Panchayat Samiti Sankada, Post Pokran, District Jaisalmer, Rajasthan.
4. Gram Development Officer, Gram Panchayat Rajmathai, Panchayat Samiti Sankada, Post Pokran, District Jaisalmer, Rajasthan.
5. Sarpanch, Gram Panchayat Rajmathai, Tehsil Bhaniyana, District Jaisalmer, Rajasthan.
6. Superintendent of Police, Jaisalmer.
7. Shakur Khan S/o Fakire Khan Teli, R/o Rajmathai, Tehsil Bhaniyana, District Jaisalmer, Rajasthan.
8. Ishmile Khan S/o Fakire Khan Teli, R/o Rajmathai, Tehsil Bhaniyana, District Jaisalmer, Rajasthan.
9. Kher Deen S/o Chanane, R/o Rajmathai, Tehsil Bhaniyana, District Jaisalmer, Rajasthan.

----Respondents 

For Petitioner(s) : Mr. Girish Sankhala 

HON'BLE MR. JUSTICE SANGEET LODHA 

HON'BLE MR. JUSTICE RAMESHWAR VYAS 

Order 

02/11/2020 

1. This writ petition has been filed by the petitioners raising the grievance regarding illegal constructions being made over the Government land comprising khasra no.681 and 685 of Gram Panchayat, Rajmathai, Tehsil Bhawariya, which is alleged to be recorded as gair mumkin abadi land in the revenue record.

2. In D.B.C.Writ Petition (PIL) No.10819/18 "Jagdish Prasad Meena & Ors. vs. State of Rajasthan & Ors.", a Bench of this Court at Jaipur with a view to provide a pan-Rajasthan solution for persisting problem of encroachment on the land of public way, johar paitan, river bed etc., issued directions as under:

" 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. 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 vs. 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."

 

3. It is open for the petitioners to raise the grievance regarding the encroachment over the public land if any, before the Public Land Protection Cell (PLPC). Needless to say that if any representation is made by the petitioners in respect of the grievances raised in the present petition, the same shall be considered by the PLPC in accordance with law expeditiously.

4. The petition stands disposed of with the observation as above. 

        (RAMESHWAR VYAS),J                             (SANGEET LODHA),J