SHREE CHANDRASHEKHAR, KULDEEP MATHUR
Jagdish Chandra S/o Kishore Ji – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Per, Kuldeep Mathur, J.
Instant Public Interest Litigation petition has been filed with the following prayers:-
(i) The encroachment on the land situated in Khasra no. 828 - Pal, 829 - Peta, 871 - Charagah, 801 - Peta 4053 - Rasta, 4054 - Nala, 3361 - Education Department, 3370 – Education Department, 3371 - Education Department, 3372 - Banjarusar, 3070 - Rechha, 2976 - Nala, 2960 - Nala, 3194- Banjarusar, 3332 - Bara, 3222 - Chahi, 3223 - Bada, 3359 - Banjarusar, 3367 - Nala, 3368 - Nala, 2872 - AA. Cha, 2839 - Nadi, 3331 - Bada, 6012/3194 - LaghuUdyog, 2979 - Banjarusar of village Kuraj, Tehsil Railmagra (details of which has been mentioned in the Annexure 1 and Annexure - 2 of the writ petition) may kindly be ordered to be removed.
(ii) That the concerned authorities may kindly be ordered to the remove the encroachers from the land in question which is Charagah, Nala, River, BilaNaam as well as recorded in the name of few government department strictly within a period of 3 months.
(iii) Any other order favorable in the int
Encroachment disputes should be resolved in appropriate legal forums, and the court cannot adjudicate on factual disputes in a PIL context.
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 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 main legal point established in the judgment is the availability of a suitable remedy for ventilating grievances related to encroachments through the mechanism established by the Division Bench J....
The court established that authorities must prioritize the removal of illegal encroachments on public land, with regularization being a rare exception.
Encroachment on Gochar land can be challenged through a petition under Section 91 of the Rajasthan Tenancy Act, allowing for restoration of land rights.
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