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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PUSHPENDRA SINGH BHATI, VINIT KUMAR MATHUR
Prahlad Singh Tanwar S/o Shaktidan Singh Tanwar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. mandatory establishment of public land protection cells (plpc) to handle rural encroachment disputes as a prerequisite for judicial intervention. (Para 1) |
| 2. requirement to exhaust administrative remedies by filing representations before the plpc before approaching the high court. (Para 2 , 3) |
ORDER :
1. Learned counsel for the petitioner submits that a Division Bench of this Court in Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No. 10819/2018, vide order dated 30.01.2019, has directed creation of Public Land Protection Cell (PLPC) for rural areas in every district; the relevant portion of the order reads as follows:-
"This Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the pasture land/land of ‘johad’, ‘talab’/river/river bed/public way/Shamshan/Kabristan etc. In all such petitions, common allegation is that despite repeated complaints/representations to the concerned revenue officers, no steps are taken by them to remove the encroachment. This results in number of writ petitions being filed by
Courts should not directly entertain public interest litigation regarding encroachment on public land where a specialized administrative mechanism exists, unless there is a failure to act by the desi....
The judgment reinforces the principle that illegal land encroachments must be removed promptly, with regularization only in exceptional cases as per government notification.
The establishment of a Public Land Protection Cell is mandated to address land encroachments effectively, following Supreme Court guidelines.
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