Hon’ble D.K. Upadhyaya, J.—The question of law and facts in all the writ petitions of this bunch being the same, we propose to decide all the writ petitions by the following common judgement and order.

2. The issue engaging attention of this Court in all these matters relate to unauthorized/illegal occupation of gaon sabha land and eviction therefrom. It has been noticed time and again by this Court and even by the authorities of the State Government that the land vested with the management of gaon sabha is often encroached upon by the individuals who use the same in their personal interest and for their personal benefits. The issue relating to such illegal occupation has, thus, engaged attention even of the Hon’ble Apex Court. Way back on 25th July, 2001 delivering the judgement in a case relating to encroachment of ponds, Hon’ble Apex Court in the case of Hinch Lal Tiwari v. Kamla Devi and others, (2001) 6 SCC 496, has noticed that the material resources of the community like forests, tanks, ponds, hillocks and mountain etc. are nature’s bounty and they maintain delicate ecological balance, hence they need to be protected for a proper and healthy environment to enable people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution of India. The Hon’ble Apex Court, thus, observed in the said judgement that appropriate vigil is the best protection against attempts to seek allotment in non-abadi sites. Underlining the importance of maintaining ponds, the Hon’ble Apex Court further observed that restoration of ponds, its development and maintenance as a recreational spot will be in the best interest of the villagers, which will help in maintaining ecological balance and protecting the environment. The Hon’ble Apex Court further observed that such measures must begin at the grass-root level.

3. Yet in another judgement in the case of Jagpal Singh and others v. State of Punjab and others, AIR 2011 SC 1123, the Hon’ble Apex Court directed all the State Governments in the country to prepare schemes for eviction of illegal/unauthorized occupants of gaon sabha land meant for the common use of the villagers. The Hon’ble Apex Court further directed that for the aforesaid purposes, the Chief Secretaries of all the State Governments will do the needful, taking the help of other senior officers of the State Governments and further that the said scheme should provide for the speedy eviction of such illegal occupants, after giving the person concerned a show-cause notice and a brief hearing.

4. In compliance of the aforesaid judgements of Hon’ble Apex Court in the cases of Jagpal Singh and others (supra) and Hinch Lal Tiwari and others (supra), the State Government issued Government Order on 23.3.2011 issuing directions to all the Divisional Commissioners, all the District Magistrates and Commissioner and Secretary, Board of Revenue, U.P. Lucknow to the effect that the provisions contained in Section 122-B of U.P.Z.A & L.R Act provides adequate provision for the protection of such properties/land vested in gaon sabha or in a local authority and that appropriate proceedings be initiated to take action under Section 122-B (1) of the said Act on a report submitted by the gaon sabha or by the local authority concerned. The said Government Order dated 23.3.2011 further provides that appropriate authority is empowered to initiate the proceedings for eviction under Section 122-B (2) of the Act by taking suo-motu cognizance of the matters. The Government Order further issued various directions for removal of the encroachment from the chak-roads, drains or from other public utility land in case any complaint in that regard is received. The Government Order further directs the authorities concerned to dispose of such matters or such complaints relating to unauthorized occupation within a month and thereafter to take help of the police administration to remove the illegal encroachment.

5. The Gov