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ASHOK KUMAR GAUR
Govind Son Of Shivlal – Appellant
Versus
State Of Rajasthan – Respondent
The court mentioned that the procedure to be adopted by the Tehsildar includes giving a notice to the persons in illegal possession or encroachments, and after the survey report is prepared, necessary action will be taken to earmark the encroachments. This implies that the demarcation of the land will be carried out after the survey report is prepared, and the process involves identifying and marking the land in question before any final orders are issued or actions are taken (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
ORDER :
1. The present batch of writ petitions have been filed by the petitioners challenging notices issued by Assistant Engineer, Public Works Department, Sub-Division, Kaila Devi, District Karauli whereby the petitioners have been asked to remove the construction/encroachment within seven days, failing which the department was to carry out the necessary exercise of demolishing the illegal construction/encroachment.
2. Counsel for the petitioners submitted that prior to notice, no opportunity was afforded to the petitioners and no survey was conducted to find out the alleged construction/encroachment. Counsel further submitted that the petitioners are having valid title document in their favour and as such, the presumption by the respondents to treat such construction as encroachment is absolutely unjustified.
3. Counsel further submitted that if at all the respondents wanted to take action in pursuance of directions said to be given by National Green Tribunal (NGT), the necessary exercise ought to have been undertaken to determine as who is in valid possession of the land and construction made thereon and in what manner, the construction made, is treated to be encroachment.
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