IMPORTANT POINT
A member of a Gram Panchayat can be disqualified for encroaching on government land under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, and such disqualification is valid if supported by credible evidence of encroachment.

JUDGMENT/ORDER

1. Heard Mr. Rakesh Patil, learned Counsel appearing for the Petitioners, Mr. Chate, learned Additional GP along with Mr. Pujari, learned AGP, for the Respondent Nos.1, 2 and 5-State and Mr. Yuvraj Narvankar, learned Counsel appearing for the Respondent No.3.

2. By way of this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the Petitioners who are the residents of village Haldi, Taluka-Karveer, District-Kolhapur and therefore, voters in the election of Respondent No.4-Gram Panchayat Haldi, are challenging the Order dtd. 9/2/2023, passed by the Respondent No.1-Additional Divisional Commissioner, Pune Division, Pune in Appeal No.14 of 2022 ("impugned Order"). By the said impugned order, the Appeal filed by the Respondent No.3 has been partly allowed by setting aside the Order dtd. 24/6/2022 passed by the Collector, Kolhapur in Dispute Application No.16 of 2021 and the matter has been remanded back. The operative part of the said impugned order dtd. 9/2/2023 passed by the Additional Divisional Commissioner, Pune Division, Pune, is set out herein below:

(Emphasis added)

English translation of the above, is as follows:

"Order

1) Appeal preferred by the Appellant is partly allowed.

2) Order passed by the Collector, Kolhapur in Dispute-Application No.16/2021 on the date 24/6/2022 is set aside. As mentioned in the Judgement in this matter, the Machinery/Department concerned shall complete the process of carrying out survey in respect of the Public road and the property in dispute, within four weeks and prior to carrying out the survey, shall give the intimation in writing in respect thereof in advance to all the interested parties in the matter. The process of survey shall be completed in the presence of all the interested parties and the villagers and thereafter, the Collector, Kolhapur shall carry out re-enquiry by giving sufficient/reasonable opportunity to all the interested parties to put forth their say in view of the report received and shall pass appropriate order accordingly.

3) The said decision shall not be eligible to be treated as a precedent in other matters.

4) No orders as to costs.

5) Intimation of this decision shall be given to the parties concerned."

(Emphasis added)

3. The Collector, Kolhapur by the order dtd. 24/6/2022 passed in the said Dispute Application No.16 of 2021, allowed the said Dispute Application filed under Sec. 16(2) read with Sec. 14(1)(j-3) of the Maharashtra Village Panchayats Act (Act No.III of 1959) ("said Act") and the Respondent No.3 has been disqualified to be a member of the Gram Panchayat. The said disqualification is on the ground that the Respondent No.3 has encroached upon the Government land. As set out herein above, by the impugned order of the Additional Divisional Commissioner, order of the Collector is set aside and the matter has been remanded back to the Collector.

4. It is the contention of Mr. Patil, learned counsel appearing for the Petitioners that Respondent No.3 along with her husband and other members of her family, have encroached upon Government land, i.e., State Highway No.189. Therefore, the Petitioners filed Dispute Application No.16 of 2021 seeking disqualification of the Respondent No.3. In the Dispute Application No.16 of 2021, the Collector, Kolhapur by order dtd. 15/11/2023 directed the Survey Officer to measure the concerned property, i.e., Survey No.311 and, accordingly, after following the procedure in accordance with law, the Deputy Superintendent of Land Records, Kolhapur measured the concerned property on 8/12/2021 and prepared the Survey Map. The said map clearly shows that the Respondent No.3 and her family members have encroached upon the Government land, i.e., State Highway No.189.

5. It is his further submission that Respondent No.3 admitted before the Collector, Kolhapur, that she would remove the encroachment within a period of one week, which implied that she has accepted that she has encroached upon Government land