HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (C) No. 542 of 2022
1. Dineshwar Prasad Mehta S/o Late Shri Jailal Mehta Aged About 58 Years
R/o Village Balgikhar, Ward No. 15, Vidhyalaya Gali, Police Station Banki
Mogra, Tahsil Darri, District Korba Chhattisgarh.
---Petitioner(s)
Versus
1. State of Chhattisgarh Through Its Secretary, Department of Revenue
Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh.
2. State of Chhattisgarh Through Its Secretary, Urban Administration and
Development Mahanadi Bhawan, Naya Raipur, District Raipur, CG.
3. Collector Korba District Korba Chhattisgarh.
4. Municipal Corporation Korba Through Its Commissioner District Korba,CG.
5. Sanjay Pandey S/o Shri Babulal Pandey Aged About 55 Years
6. Praveen Pandey S/o Shri Babulal Pandey Aged About 50 Years
Respondents No.5 & 6 are R/o House No. 37, M.I.G. 1, M.P. Nagar Extension Kusabadi, Tehsil and District Korba Chhattisgarh.
---Respondents
For Petitioner : Shri Sarfaraz Khan, Advocate.
For State : Ms. Samiksha Gupta, Panel Lawyer.
For Respondent 4 : Shri Pankaj Agrawal, Advocate.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
31.01.2022
1. The grievance of the petitioner in the present writ petition is the alleged illegal encroachment and subsequent illegal plotting being done on government land that situates at Khasra No.44/4 and 44/8 at village Lata, Tehsil Katghora, District Korba.
2. The counsel for the petitioner submits that on a complaint made by the petitioner, the respondents have already initiated action and an order was passed as early as on 10.09.2018, however, till date there has been no further action initiated by the respondents in terms of the order dated 10.09.2018.
3. Today when the matter is taken up for hearing, the counsel appearing for the Municipal Corporation submits that the Municipal Corporation shall ensure that appropriate proceedings and steps are taken in accordance with law after hearing all the parties within a stipulated period at the earliest.
4. The same view has been expressed by the State counsel as well.
5. Of late, this court has been receiving various writ petitions of different areas with similar, if not identical, relief sought for i.e. the government land in the neighboring of the petitioner's getting encroached upon by illegal means and thereafter constructions are being carried out on government land and thereafter those government lands are being plotted and sold to private agencies thereby further encroachments are being permitted.
6. The Supreme Court in case of Jagpal Singh & Others Vs. State of Punjab and Others, 2011 (11) SCC 396 has already come down heavily upon the government agencies particularly so far as illegal encroachment is concerned, wherein in paragraph 23 the Supreme Court in a very categorical terms have issued the following directions: "23. 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."
7. Based upon the said directives issued by the Supreme Court in the said judgment, the State of Chhattisgarh as well has issued certain guidelines on this issue. However, it seems that the judgment and directions of Supreme Court and the guidelines framed by the State of Chhattisgarh are all being given a go bye by the illegal encroachers who seem to be in connivance with the government officials, or else they could not have been permitted to firstly encroach upon the government land and secondly raise huge constructions on the government land.
8. The guidelines issued by the State Govt. in this regard is also enclosed along with the writ petition as Annexure P/5 dated 13.03.2011 wherein a mechanism itself has been envisaged to be resorted to in the given factual backdrop.
9. It is high time that the respondents wake up from their slumber and take an appropriate strong decisions in order to protect the government land from being misused by such unscrupulous persons.
10. Given the fact that there is already a judgment of Supreme Court and which has also been accepted by the State of Chhattisgarh by the issuance of the guidelines dated 13.03.2011, it goes without saying that the respondents are bound to take appropriate steps and actions in accordance with directives of the Supreme Court as also the guidelines of the State Government.
11. The writ petition therefore at this juncture stands disposed of directing the respondents No.3&4 to take all necessary steps and actions so far as illegal encroachment upon government lands are concerned, more particularly the order of the respondent No.4 dated 10.09.2018 in respect of the illegal encroachment in Khasra No.44/4 and 44/8 at village Lata, Tehsil Katghora, District Korba.
12. It is expected that the respondents shall initiate appropriate action strictly in accordance with law immediately within a period of 45 days and the entire proceedings shall be concluded within an outer limit of six months from the date of receipt of copy of this order.
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