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2022 Supreme(Raj) 63

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANINDRA MOHAN SHRIVASTAVA, MADAN GOPAL VYAS, JJ.
Om Prakash S/o. Megh Raj - Appellant
Versus
State of Rajasthan, Through Secretary Department of Local Self-Urban Development and Housing, Government of Rajasthan, Jaipur and Ors. - Respondents
D.B. Civil Writ Petition No. 2350 of 2022
Decided On : 15-02-2022

Advocates:
Advocate Appeared:
For the Appellant : Moti Singh.

Headnote:

Lands - Encroachments - Petition has been filed by petitioner with allegation that lands which are reserved as natural resources and protected of Village, District have been encroached upon and those encroachments are not being removed – Held, allegations of encroachments have been leveled - By way of abundant caution, it is directed that when complaints made by petitioner is examined by District Collector or any authority as may be directed by District Collector, respondents No. 6 to 9 would be afforded an opportunity of hearing to rebut allegations made by petitioner in this petition as also in representation which has already been made or going to be made before District Collector - Petition is disposed of accordingly.

ORDER :

1. The petition has been filed by the petitioner with the allegation that the lands which are reserved as natural resources and protected as Gair Mumkin Johad Payatan, Gair Mumkin Rasta, Gair Mumkin Kua and Gair Mumkin Mandir of Village Chak Rajasar, Tehsil Nohar, District Hanumangarh have been encroached upon and those encroachments are not being removed.

2. Relying upon the order passed by this Court in the case of Arjun Singh v. The State of Rajasthan and others (D.B. Civil Writ Petition No. 12988/2021), prayer has been made for issuance of appropriate directions.

3. Relying upon earlier decision of this Court in the case of Jagdish Prasad Meena & Ors. v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 10819/2018 decided on 30.01.2019), this Court passed an order dated 21.09.2021 in D.B. Civil Writ Petition No. 12988/2021 to the effect that the authorities therein are under obligation to remove encroachments made on public utility land, Gochar and Oran land etc., keeping in view the directions issued by this Court in the case of Gulab Kothari v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 1554/2004).

4. Accordingly, this petition is also disposed of in terms of the order passed by this Court in the case of Arjun Singh (supra) with a direction to the respondents to take necessary steps for removal of the encroachments by treating the proceedings as directed vide order dated 30.01.2019 in Jagdish Prasad Meena (supra) wherein it has been ordered as below:-

    "In order therefore to provide a pan-Rajasthan 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 operational 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 head by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional officer/Tehsildar/Naib Tehsildar so as to verity whether or not such encroachments have actually taken place on such 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 practice is put in place, this Court would not be inclined to directly entertain such public interest litigation or would do so only in the event of inaction on the part of the concerned PLPC.

The PLPC aforementioned shall also keep in view the guidelines issued by the Supreme Court in Jagpal Singh & Others v. State of Punjab & Others, (2011) 11 SCC 396 wherein all the State Governments of the country were directed that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and the same must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. The said scheme should provide for the speedy eviction of illegal occupants, after giving them a show cause notice and a brief hearing. It was 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 excepti

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