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SANGEET LODHA, MANOJ KUMAR GARG
Sawai Ram – Appellant
Versus
Daulatram – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioners seeking directions to the respondents to remove the encroachment made upon the land comprising Khasra Nos.514/327 and 515/327 of village Mandaliya, Panchayat Samiti- Shiv, District Barmer, which was allotted and reserved for Government school for village Mandaliya, Panchayat Samiti- Shiv, District Barmer.
2. Learned counsel appearing for the petitioners submits that despite representation dated 06.07.2021 (Annex.11) being submitted, the District Collector, Barmer has not taken any steps for removal of the encroachment made over the land reserved for school.
3. 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 in D.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:
4. "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 d
Encroachments on public land must be removed as a rule, with regularization only in exceptional cases as per established legal guidelines.
Encroachments on public land must be removed as a rule, with regularization only in exceptional cases as per government notification.
The court established that encroachment removal is standard practice, with regularization allowed only in exceptional cases as per government notification.
The main legal point established is the availability of a suitable remedy for ventilating grievances through the mechanism established by the Division Bench Judgment, involving the submission of repr....
The court established that removal of encroachments is the standard approach, with regularization only permissible 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 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....
The Court emphasized the need for a permanent mechanism to address encroachments and referred to the guidelines issued by the Supreme Court in Jagpal Singh & Others v. State of Punjab & Others, (2011....
The court emphasized the availability of a suitable remedy for ventilating grievances through the PLPC and directed the petitioner to seek redressal through this mechanism.
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....
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