THE HIGH COURT OF MADHYA PRADESH W.P. No. 1937/2014 Gwalior, 05/03/2018 Shri N.K. Gupta, learned Senior Counsel with Shri Ravi Gupta, learned counsel for the petitioner.

Shri Raghvendra Dixit, learned Government Advocate for the respondents/State.

I.A. No. 1134/2018, an application at the instance of the respondents/ State is taken up for consideration.

Vide said application, the respondents/State in the wake of the direction issued on 09/08/2017 to remove the encroachment over the Government land bearing survey No. 1028 area 0.136 hectare situated at Village Sankhra, Tehsil Jaura, District Morena, seek direction that the State functionaries may be permitted to invoke the provision of Section 162 of Madhya Pradesh Land Revenue Code, 1959 which has been brought in vogue vide amendment Act 34 of 2013 w.e.f. 16/09/2013 which envisages that “Notwithstanding anything contained in Section 248 and subject to rules made in this behalf, any land belonging to the State Government in such areas as notified in the official Gazette by the State Government, which is in unauthorized possession, may be disposed of for agricultural purpose in Bhumiswami right and non-agricultural purpose, in Government lessee rights by the Collector to such extent and on payment of such amount as may be prescribed.”

In other words, the State functionaries intend to regularize the unauthorized occupation over Government land.

The direction is being sought on the contention that it is revealed from AKS (Najri Naksha prepared by Patwari) that land in question i.e. survey No. 1028 admeasuring 0.136 hectare is surrounded by land bearing survey No. 432, 433, 1019, 1020, 1025, 1027 and 1029 which are private lands and the area of survey No. 1028 is very small where due to non existence of permanent demarcation, the authorities concerned are not able to determine the area and identify the unauthorized occupants.

It is contended that faced with such difficulty, Tahsildar, Jaura has submitted a report with a proposal to take steps under Section 162(1) of Code 1959. It is on these contentions, the State and its functionaries seek appropriate direction vide present interlocutory application.

The scope of Section 162 of the Code came up for consideration before a Co-ordinate Bench of this Court in Krishnanand and 6 others Vs. State of Madhya Pradesh and 7 others: Review Petition No. 239/2014 decided on 24/04/2014 wherein their Lordships were pleased to held:-

“8. We may now turn to Section 162 of the Code of

1959, as inserted by Amending Act No.34 of 2013. The same reads, thus:

“162. Disposal of certain land in unauthorised possession – (1) Notwithstanding anything contained in Section 248 and subject to rules made in this behalf, any land belonging to the State Government in such areas as notified in the official Gazette by the State Government, which is in unauthorised possession, shall be disposed of for agricultural and residential purposes, in government lessee rights by the Collector to such extent and on payment of such amount of premium and lease rent as may be prescribed.

(2) If any land is disposed of under sub- section (1), all proceedings pending in any revenue court under Section 248 in respect of such land shall stand abated.”

We may also advert to the Statement of Objects and Reasons for which this Amending Act No.34 of 2013 came into being. The same reads, thus:

“Statement of Objects and Reasons – It is experienced that in some areas, a large number of people are in unauthorised possession of Government land for a long time which is causing hardship to them. It has been decided by the Government that such land shall be identified and notified in the official Gazette and shall be allotted in government lessee rights in such manner as may be prescribed. Therefore, a new Section 162 is proposed to be inserted in the Madhya Pradesh Land Revenue Code, 1959 (No.20 of 1959).”

9. Reverting to Section 248 of the Code of 1959, there is hardly any doubt that any person occupying