The High Court Of Madhya Pradesh
WP-12535-2021
(AAM JANTA MOUJA MAHIDAL KALA
Vs
THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 20-07-2021
Heard through Video Conferencing.
Shri Jayant Prakash Patel, learned counsel for the petitioner.
Shri Ashish Anand Barnard, learned Deputy Advocate General for the
respondents/State.
This writ petition in the form of Public Interest Litigation has been filed by Aam Janta Mouja Mahidal Kala through its Secretary- Baijnath Sen alleging encroachment by respondent Nos.5 to 10 on the land of public road. It is contended that despite order passed by the Tehsildar, Circle Chhiboura, Tehsil Rampur Baghelan, District Satna for removal of the encroachment, so far no action has been taken by the government authorities to free the land bearing Khasra No.1030, area 0.308 hectares in part 0.03 decimal from encroachment by the private respondents. It is further contended that the Tehsildar by order dated 25.01.2020 has not only directed for removal of the encroachment, but also imposed the fine of Rs.5000/- on each of the private respondents who have constructed certain Pakka structures on the land of public way and thereby reducing the width of the road which has made it difficult even for two wheelers to pass through the same.
This Court in W.P.No.7865/2021 (Gram Panchayat Dhooma Vs. State of Madhya Pradesh and others, order dated 09.06.2021) considering that large number of petitions of similar nature, with allegations of encroachment over the 'nistar land'/'charnoi'/'gocher'/'pasture' land/land of 'pond', 'talab'/'river'/'river bed'/'public way'/'shamshan'/'kabristan' etc. passed the following order :-
"5. This Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the 'nistar land' / 'charnoi' / 'gocher' / 'pasture land' / land of 'pond', 'talab'/'river'/'river bed'/'public way'/'shamshan'/'kabristan' etc. In all such petitions, common allegation is that despite repeated complaints / representations to the concerned revenue officers, no steps are taken by them to remove the encroachment.
This results in number of writ petitions being filed by the complainants / representationists before this Court. This Court has been passing orders in such matters requiring the respective District Collectors and other revenue authorities to examine the factual content of the allegations and take steps to remove the encroachments so as to secure such land.
6. In order therefore to provide a State wide 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 functional 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 headed by District Collector and function under his direction and supervision with an officer of the rank of Tehsildar as its Member Secretary and such other Officers as its Members as the Government may deem fit to nominate. The PLPC shall get such complaints / representations enquired into by deputing concerned Sub Divisional Officer / Tehsildar / Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on public 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 permanent mechanism is put in place, this Court would not be required to directly entertain such public interest litigation and would do so only in the event of inaction on the part of the concerned PLPC.
7. 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 have been directed to prepare scheme for eviction of illegal / unauthorised occupants of the Gram Sabha / Gram Panchayat / Poramboke / Shamlat land which should then be restored to the Gram Sabha / Gram Panchayat for the common use of residents of the village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving them a show cause notice and a brief hearing. The Supreme Court 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 leaves 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 and no other authority.
8. A copy of this order be forwarded to the Chief Secretary of the State of Madhya Pradesh, Bhopal for issuance of necessary notification for notifying the permanent body designated as Public Land Protection Cell (PLPC) in every District with the District Collector as its head and a Tehsildar as its Member Secretary, apart from other revenue officers as the Members. This should be given due publicity for information of all the citizens that complaint with regard to encroachment over public land in the rural areas can be made to such authorities which shall be responsible for causing an enquiry into such complaint to be made and taking expeditious action for removal of encroachments so as to protect the public land."
In view of the above, we require the petitioner to approach the Collector, District Satna, who shall ensure compliance of the aforesaid order so as to get the land free from the encroachment in compliance of this order within three months after providing opportunity of hearing to private respondents.
Petition is accordingly disposed of.
(MOHAMMAD RAFIQ) (SATYENDRA KUMAR SINGH)
CHIEF JUSTICE JUDGE
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