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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Bherdaan & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Civil Writ Petition No. 4361/2010
Decided On : 24-02-2022
Encroachment - Land Dispute - Rajasthan Panchayati Raj Rules, 1996 - Rule 142, Rule 148, Rule 149, Rule 157, Rule 158 - The court found that the impugned orders were passed after adopting the due procedure as provided under the law. The court also found that the respondents, after making the necessary enquiry into the matter, passed the impugned orders, while holding the petitioners as encroachers upon the land in question. It is a settled legal position that the encroacher has no right to hold the land in any manner whatsoever, and thus, in the opinion of this Court the respondents authorities have not committed any error or illegality in passing the impugned orders.
Fact of the Case:
The case involved a dispute over the encroachment of land in Chak 6 SPM, Tehsil Sardulshahar, District Sriganganagar. The petitioners sought to declare the enquiry report, order, and notices issued by the authorities as illegal and have them quashed and set aside.
Finding of the Court:
The court found that the impugned orders were passed after adopting the due procedure as provided under the law. The court also found that the respondents, after making the necessary enquiry into the matter, passed the impugned orders, while holding the petitioners as encroachers upon the land in question.
Issues: The issues involved the legality of the orders and notices issued by the authorities, the rights of the petitioners in relation to the land in question, and the application of the Rajasthan Panchayati Raj Rules, 1996.
Ratio Decidendi: The court held that the encroacher has no right to hold the land in any manner whatsoever, and thus, the respondents authorities have not committed any error or illegality in passing the impugned orders.
Final Decision: The court dismissed the petition and all pending applications were disposed of accordingly.
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. This writ petition has been preferred claiming the following reliefs:
"by an appropriate writ, order or direction, the Enquiry report dated 16.3.2010 (Ann.14) submitted by respondent No. 2, order dated 30.3.2010 (Ann.15) passed by the District Collector, Sri Ganganagar qua the applicants' plots and notices dated 22.4.2010 (Ann.16 and Ann.17) issued by the respondent No. 3 may kindly be declared illegal and be quashed and set aside."
3. Brief facts of this case, as revealed from the record of the case, are that on 20.08.2009, one Vijay Kumar submitted an application/complaint before the District Collector, Sriganganagar seeking a direction for removal of the illegal encroachments from Chak 6 SPM, Tehsil Sardulshahar, District Sriganganagar. Also vide letter dated 07.09.2009, the matter was forwarded by the Government of Rajasthan, Revenue (Colonization) Department, Jaipur to the District Collector, Sriganganagar, for taking the necessary action in the matter. Further, letter dated 18.09.2009 by the Lokayukta Secretariat, Rajasthan, in regard to the same issue, was forwarded for necessary action to the District Collector, Sriganganagar.
4. Vide letter dated 10.09.2009, a letter was addressed by the District Collector, Sriganganagar to the Development Officer, Panchayat Samiti, Sardulshahar, requiring the Development Officer to make the necessary enquiry into the complaint in question, and thereafter, submit a report within a period of seven days thereafter, before the District Collector, Sriganganagar.
4.1. The Development Officer, after concluding the enquiry, enclosed his report with the letter dated 16.03.2010. In the said report, it was mentioned that the allotment of the land in question was not found to be in order, being violative Rule 158 of the Rajasthan Panchayati Raj Rules, 1996, and thus, such allotment is liable to be cancelled.
4.2. Thereafter, vide letter dated 30.03.2010, the District Collector, Sriganganagar, directed the Development Officer, Panchayat Samiti, Sardulshahar to remove the alleged encroachments from the land in question within ten days thereafter, and the information regarding removal of the encroachments be given to the Office of the District Collector.
4.3. In pursuance of the aforementioned letter/order dated 30.03.2010, the respondent No. 3 issued notices dated 22.04.2010 to the petitioners and other concerned persons to remove the encroachments from the land in question by themselves within three days thereafter, failing which the gram panchayat shall proceed to remove such encroachments.
4.4. Thus, being aggrieved by the aforementioned orders and notices, the present petition has been preferred before this Hon'ble Court.
5. On 03.05.2010, this Hon'ble Court had passed the following order:
"Heard.
Admit. Issue notice.
Meanwhile, the operation of the order dated 30.3.2010 shall remain stayed and the parties shall maintain status quo with respect to the property in dispute."
6. Learned counsel for the petitioners submits that the petitioners and their families have been in possession of the land in question for more than 50 years, and have also constructed their residential houses on such land, having electricity and water connections since 1992 and 1985 respectively. Learned counsel further submits that the enquiry made by the respondent No. 2 has been made without giving any opportunity of hearing to the petitioners, thus, violating the principles of natural justice.
7. Learned counsel for the petitioners further submits that the impugned order dated 30.03.2010 also is without jurisdiction, as the Collector has no power to order enquiry in the present matter.
8. Learned counsel for the petitioners also submits that the District Collector was not justified in holding tha
AI
Encroachers have no right to hold the land, and the authorities can take action to remove encroachments based on due procedure and inquiry.
The legality of the enquiry and the order for removal of encroachments was upheld based on evidence of illegal encroachments and manipulated allotments beyond permissible limits.
The main legal point established in the judgment is the requirement for the petitioners to submit relevant documents to establish their entitlement to the land in question under Section 105 of the Gu....
Courts may direct public authorities to conduct survey and remove confirmed encroachments under the Tamil Nadu Land Encroachment Act.
State authorities are mandated to verify allegations of encroachment on public land through a survey and, if established, perform the removal strictly by due process of law within a specified timefra....
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