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SANGEET LODHA, MANOJ KUMAR GARG
Shrawan Singh – Appellant
Versus
Daulatram – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioners seeking directions to the respondents to remove the pucca house/huts constructed on the land ad-measuring 333 Bigha comprising Khasra No.375 of village Tirsingadi Sodha, Tehsil Pachpadra, District Barmer. The petitioners have also sought a direction to the respondents to decide the representation dated 05.10.2020 (Annex.13), which they have submitted before the District Collector-cum-PLPC, Barmer.
2. The respondents are under an obligation to consider the grievances raised by the petitioners keeping in view the directions issued by this Court in the case of Gulab Kothari (supra) and the directions/guidelines issued by a Coordinate Bench at Jaipur inD.B. Civil Writ (PIL) Petition No.10819/2018 : Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. Vide order dated 30.01.2019, which reads as under:
The court established that encroachment removal is standard practice, with regularization allowed only in exceptional cases as per government notification.
The court established that removal of encroachments is the standard approach, with regularization only permissible in exceptional cases as per government notification.
Encroachments on public land must be removed as a rule, with regularization only in exceptional cases as per established legal guidelines.
The establishment of a Public Land Protection Cell (PLPC) in every district to address encroachments on public land and the requirement to follow the guidelines for eviction of illegal occupants of p....
Encroachments on public land must be removed as a rule, with regularization only in exceptional cases as per government notification.
The court established that authorities must prioritize the removal of illegal encroachments on public land, with regularization being a rare exception.
The court emphasized the availability of a suitable remedy for addressing grievances related to encroachments through the Division Bench Judgment and directed the petitioners to follow the prescribed....
The court emphasized the need for a permanent mechanism to address encroachment issues and directed the petitioner to follow the process established by the court in a similar case.
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