IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SUO MOTU PUBLIC INTEREST LITIGATION NO. 2 OF 2022
High Court on its Own Motion Petitioner
versus
The State of Maharashtra and Ors. Respondents
Mr. Ashutosh M. Kulkarni, Amicus Curiae.
Mr. P. P. Kakade, Government Pleader with Mr. M. M.
Pable, AGP for State.
CORAM: DIPANKAR DATTA, CJ. &
MADHAV J. JAMDAR, J.
DATE: SEPTEMBER 15, 2022
1. Mr. Kulkarni, learned amicus curiae has placed before us a decision of the Supreme Court in Jagpal Singh and Ors. vs. State of Punjab and Ors., reported in (2011) 11 SCC 396. Referring to paragraph 23 of the decision, Mr. Kulkarni submits that a report ought to be called for from the State Government in respect of compliance of the directions contained in such paragraph. Paragraph 23 of the decision reads as follows: -
"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/ unauthorised occupants of the 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/UnionTerritories 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 regularising the illegal possession. Regularisation should only be permitted in exceptional cases e. g. where lease has been granted under some government notification to landless labourers or members of the Scheduled Caste/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land."
2. We need to be informed by the State of Maharashtra as regards compliance of the aforesaid directions. The Principal Secretary, Revenue and Forest Department is directed to file an affidavit within 2 (two) weeks from date disclosing therein compliance of the same, if any. The Principal Secretary shall also include in the affidavit relevant data upon identification of illegal/unauthorized constructions on 'gairan' lands.
3. List the PIL petition on 6th October 2022.
Date: 2022.09.16
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