THE HIGH COURT OF MADHYA PRADESH
WRIT PETITION No. 7865 / 2021 (PIL)
GRAM PANCHAYAT DHOOMA Vs. STATE OF M.P.
WRIT PETITION No. 8517 / 2021 (PIL)
RAGHVENDRA PRATAP SINGH Vs. STATE OF M.P.
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W.P. No.7865 / 2021
(GRAM PANCHAYAT DHOOMA VS. STATE OF MADHYA PRADESH AND OTHERS)
With
W.P. No. 8517 / 2021
(RAGHVENDRA PRATAP SINGH VS. STATE OF MADHYA PRADESH AND OTHERS)
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Coram: Hon’ble Mr. Justice Mohammad Rafiq, Chief Justice
Hon’ble Mr. Justice Sujoy Paul, Judge
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- Presence : Mr. Shitala Prasad Tripathi, Advocate for the petitioner
and Mr. Brahmadatt Singh, Government Advocate for the State in
W.P.No. 7865/2021.
Mr. Kamal Bhan Vishwakarma, Advocate for the petitioner and
Mr. Ashish Anand Bernard, Dy. Advocate General for the State in
W.P.No. 8517/2021.
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Whether approved for reporting: YES
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Heard through Video Conferencing.
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Shitla Prasad Tripathi,Advocate General
(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