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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS SURI
Umed Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioners herein pray for the hereinafter extracted reliefs.
"Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of a Writ in the nature of Mandamus for seeking action against the respondents for not taking action on the illegal construction being raised upon the Government land bearing No.51/11, 20/1, 20/2, 21 situated in village Para, Tehsil and District Rohtak inspite of the fact that the notices have been issued to the illegal encroachers who have raised construction and forcibly occupied the acquired land in connivance with the officials of the respondents No. 2 and 3 and with a further prayer that the respondents be directed not to protect the illegal encroachers and also to demolish the construction which has been made on the acquired land..."
Sequence of Events.
2. When the instant writ petition was listed for hearing on 28.03.2023, the hereinafter extracted order was passed.
"xxxx In the light of the averments made in the writ petition, let a detailed status report be filed by the Administrator, Rohtak, within a period of six weeks with an advance copy to the counsel for the
Encroachment on government land is a criminal trespass that necessitates prompt state action, emphasizing public trust in land management and the prioritization of communal rights over private claims....
The main legal point established in the judgment is the need to conduct a survey to identify encroachments on public lands and to take appropriate action for their removal under the relevant laws.
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
Only the designated authority under the Orissa Prevention of Land Encroachment Act can initiate eviction proceedings, and unauthorized occupants cannot claim legal rights to public land.
The main legal point established in the judgment is the requirement for the petitioners to submit relevant documents to establish their entitlement to the land in question under Section 105 of the Gu....
The main legal point established in the judgment is the requirement of substantial evidence to support claims of encroachment. The judgment emphasizes the importance of legal proceedings under the We....
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