Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PUSHPENDRA SINGH BHATI, VINIT KUMAR MATHUR
Jagdish Prasad Meena S/o Prabhati Lal Meena – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:-
"a. May kindly issue directions the Respondents to conduct an inquiry against the encroachment being done on Public land designated as Gair Mumkin Rada and Gair Mukin Johdi.
b. May kindly issue directions the encroachers to dismantle any structures built in violation of laws.
c. May kindly impose penalties on the encroachers for violating the public rights of the villagers.”
2. A Division Bench of this Court in Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No. 10819/2018, vide order dated 30.01.2019, has directed creation of Public Land Protection Cell(PLPC) for rural areas in every district; the relevant portion of the order reads as follows:-
"This Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the pasture land/ land of ‘johad’, ‘talab’/ river/river bed/public way/ Shamshan/Kabristan etc. In all such petitions, common allegation is that despite repeated complaints/representations to the c
Courts should not directly entertain public interest litigation regarding encroachment on public land where a specialized administrative mechanism exists, unless there is a failure to act by the desi....
The establishment of a Public Land Protection Cell is mandated to address land encroachments effectively, following Supreme Court guidelines.
The judgment reinforces the principle that illegal land encroachments must be removed promptly, with regularization only in exceptional cases as per government notification.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
