1. Writ petition alleging encroachment on public land designated as Gair Mumkin Rada and Gair Mukin Johdi. (Para 1 )
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2026 Supreme(Raj) 505
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
PUSHPENDRA SINGH BHATI, VINIT KUMAR MATHUR, JJ.
Jagdish Prasad Meena S/o Prabhati Lal Meena – Appellant
Versus
State of Rajasthan – Respondent
D.B. Civil Writ Petition (PIL) No. 18984 of 2025
Decided On : 12-03-2026
Important Points
Encroachments on rural public land should be addressed through established specialized protection cells. The removal of such illegal occupations is the general rule, whereas regularization is an exceptional measure permissible only under limited circumstances via government notification.
Subject
Civil Law - Public Land Encroachment
Act Referred
Headnote
(A) Constitution of India - Article 226 - Public Interest Litigation - Encroachment on public rural land - Remedy through specialized protection cells - Removal of illegal occupation as the rule and regularization as an exception. (Para 2)
(B) Procedural Mechanism for Encroachment - Establishment of district-level protection cells headed by the district collector to verify encroachment complaints through speaking orders to reduce litigation. (Para 2)
Facts of the case:
A public interest litigation was filed seeking an inquiry into the encroachment of designated public lands, the dismantling of illegal structures, and the imposition of penalties on the encroachers.
Findings of Court:
The court noted the existing mechanism of a specialized protection cell created for rural areas in every district to handle such complaints under the supervision of the district collector to verify if encroachments have actually taken place.
Issues: Whether the petitioner should be permitted to seek relief through the established rural land protection mechanism instead of direct judicial intervention.
Ratio Decidendi: To prevent a surge of public interest litigations, complaints regarding the encroachment of public land must first be processed through specialized protection cells. These cells are tasked with verifying allegations and taking legal action for removal, adhering to the principle that the removal of encroachment on such land is the rule and regularization is an exception permissible only in extremely limited cases via government notification.
Result: Writ petition disposed of; petitioner granted liberty to submit a representation to the protection cell, which is to be decided within two months.
(B) Procedural Mechanism for Encroachment - Establishment of district-level protection cells headed by the district collector to verify encroachment complaints through speaking orders to reduce litigation. (Para 2)
Facts of the case:
A public interest litigation was filed seeking an inquiry into the encroachment of designated public lands, the dismantling of illegal structures, and the imposition of penalties on the encroachers.
Findings of Court:
The court noted the existing mechanism of a specialized protection cell created for rural areas in every district to handle such complaints under the supervision of the district collector to verify if encroachments have actually taken place.
Issues: Whether the petitioner should be permitted to seek relief through the established rural land protection mechanism instead of direct judicial intervention.
Ratio Decidendi: To prevent a surge of public interest litigations, complaints regarding the encroachment of public land must first be processed through specialized protection cells. These cells are tasked with verifying allegations and taking legal action for removal, adhering to the principle that the removal of encroachment on such land is the rule and regularization is an exception permissible only in extremely limited cases via government notification.
Result: Writ petition disposed of; petitioner granted liberty to submit a representation to the protection cell, which is to be decided within two months.
Legal Category Hierarchy
Advocates Appeared:
For the Appellants : Vivek Yadav, Mahesh Sharma
For the Respondents: Shikha Sharma, G.S. Gill
For the Appellants : Vivek Yadav, Mahesh Sharma
For the Respondents: Shikha Sharma, G.S. Gill
Table of Contents
2. Petitioner sought permission to submit a representation before the Public Land Protection Cell for redressal. (Para 3 )
3. Court directed creation of Public Land Protection Cell for rural areas to handle encroachment complaints. (Para 2 )
4. Removal of encroachment on public land is rule, regularisation exceptional in limited cases by government notification. (Para 2 )
5. Writ petition disposed of with liberty to petitioner to make representation before PLPC to be decided in two months. (Para 4 )
6. What mechanism was directed to address encroachment on public land in Rajasthan?
Creation of a Public Land Protection Cell (PLPC) in every district, headed by the District Collector, to receive and investigate complaints. (Para 2 )
7. What is the rule regarding removal of encroachment on Gram Sabha or public land?
Removal of encroachment is the rule; regularisation is an exception allowed only in limited cases by government notification. (Para 2 )
8. Can long duration or political connections justify regularisation of illegal encroachment?
No, long duration, huge expenditure, or political connections are no justification for regularising illegal occupation of public land. (Para 2 )
ORDER :
1. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:-
"a. May kindly issue directions the Respondents to conduct an inquiry against the encroachment being done on Public land designated as Gair Mumkin Rada and Gair Mukin Johdi.
b. May kindly issue directions the encroachers to dismantle any structures built in violation of laws.
c. May kindly impose penalties on the encroachers for violating the public rights of the villagers.”
2. 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 the complainants/representationists before this Court. This Court has been passing orders in such matters requiring the respective District Collectors to examine the factual content of the allegations and take steps to remove the encroachments so as to secure such land.
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 devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. The PLPC should be headed by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/ Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. The complaints/representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/representationist about the action taken. This would obviate the necessity of such complainants/ representationists approaching this Court directly by way of public interest litigation. If this practice is put in place, this Court would not be inclined to directly entertain such public interest litigation or would do so only in the event of inaction on the part of the concerned PLPC.
The PLPC aforementioned shall also keep in view the guidelines issued by the Supreme Court in Jagpal Singh & Others Vs. State of Punjab & Others, (2011) 11 SCC 396 wherein all the State Governments of the country were directed that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and the same must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving them a show cause notice and a brief hearing. It was further held therein that long duration of the illegal encroachment/occupation of land or huge expenditure in making construction thereon or political connections of trespassers
