(09.06.2021)

Per: Mohammad Rafiq, Chief Justice:

01.

These two Writ Petitions have been filed as Public Interest

Litigation with a similar grievance about the encroachment on the

public land seeking a direction to the respondent – State authorities to

remove such encroachment and restore the public land to its original

position.

02.

W.P.No. 7865/2021 (PIL) has been filed by the Gram

Panchayat Dhooma through its Sarpanch Smt. Gulsam Bai, with

regard to land of Khasra No. 491 Area 0.78 hectare; Khasra No. 492/1

Area 3.22 hectare, Khasra No. 90 area 9.30 hectare, Khasra No. 410/1

area 0.82 hectare, Khasra No. 411 area 0.82 hectare, Khasra No.

499/4 area 0.17 hectare, Khasra No. 469 area 0.02 hectare, Khasra

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No. 464 area 0.17 hectare, Khasra No. 670 area 0.20 hectare, Khasra

No. 383 area 0.30 hectare, Khasra No. 50 area 0.30 hectare and

Khasra No. 141 area 9.9 hectare situated at Resham Kendra Village

Dhooma, Patwari Halka No. 15, R.N.M. Dhooma, Tehsil

Lakhnadoon, District Seoni (M.P.).

03.

According to the petitioner all the aforementioned parcels of

the land fall within the jurisdiction of Gram Panchayat Dhooma.

Since these plots of land are appurtenant to National Highway No.7

and are having commercial utility, several persons from outside

villages have raised Kachcha houses / huts thereupon and started

living there. Few local persons have also made illegal encroachment

and constructions by use of stones and moram. The Gram Panchayat

periodically takes the steps to remove the encroachment but the

trespassers again occupied the land. Gram Panahcyat passed a

resolution on 4/10/2018 by unanimous vote for removing these

encroachments and submitted application before respondent No.2 –

Collector, Seoni and respondent No.3 – Sub-Divisional Officer,

Lakhnadon requesting them to remove the encroachments from the

public land, but no action has been taken. In these circumstances, the

Gram Panchayat by resolution dated 4/6/2019 authorised the

Sarpanch to file the present Public Interest Litigation. Reliance has

been placed on the judgment of the Supreme Court in Jagpal Singh

and others Vs. State of Punjab and others reported in (2011) 11 SCC

396 and it was argued that the State Government has in compliance of

this judgment of the Supreme Court on 18/3/2011 issued a Circular to

all the Divisional Commissioner, Commissioner Land Records and

Settlement and all the Collectors for removal of illegal encroachments

from the public land and restore possession of all such public land to

the Gram Panchayat but this Circular has not been effectively

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implemented.

04.

W.P.No. 8517/2021 (PIL) has been filed by Raghvendra Pratap

Singh, resident of Village & Post Ganjan Tehsil Rampur Baghelan,

District Satna. It is stated therein that the petitioner is aggrieved by

the inaction on the part of the State authorities in not being able to

remove the encroachments over the Government land bearing Khasra

No. 458 and 459, situated at Village Ganjan Tehsil Rampur Baghelan,

District Satna. The land in question has been recorded as the land of

pond in revenue record. Water of such pond is being used by the

villagers for the last more than 50 years for their household purposes

as well as for their cattle. The land has always been recorded as pond

in the revenue records of the Government but now large number of

encroachments have come up on the land. Some of the encroachers

have constructed boundary walls and and houses. These people have

protection of political persons and, therefore, the District

Administration is not taking any interest in removal of their

encroachments. It is argued that the petitioner submitted a

representation on 17/11/2020 and thereafter another representation on

11/1/2021 to the Collector, Satna, with the request that the land of

pond / talab should be freed from the trespassers and all the

encroachments should be removed. However, no action has been

taken by the authorities.

05.

This Court is