Rajasthan High Court: Journalists Are 'Eyes and Ears of Public', May Inform Collector of Encroachments

Key Players: Acting Chief Justice Sanjeev Prakash Sharma and Justice Chandra Shekhar Sharma of the Rajasthan High Court, Jaipur Bench, presided over a series of writ petitions concerning the protection of rivers, lakes, and water bodies. The court issued significant directions to clear encroachments from the Ramgarh dam catchment area.

Case Background
The division bench was hearing a batch of petitions, including a suo motu matter and others filed by Pyar Singh Meena and Raj Kumar Meena. The core issue was the rampant occupation of government land—including riverbeds, drainage channels, and catchment areas—by private individuals. The District Collector of Jaipur filed an affidavit listing encroachments across five tehsils: Andhi, Jamwa Ramgarh, Amer, Shahpura, and Viratnagar. These encroachments had altered natural water flows, filled up drains, and threatened the Ramgarh dam’s water supply.

Arguments Presented
Mr. Rajendra Prasad, learned Advocate General, submitted the compliance affidavit detailing identified encroachments and ongoing removal drives under Section 91 of the Land Revenue Act, 1956, and Section 72 of the Jaipur Development Authority Act, 1982. Dr. Abhinav Sharma, Amicus Curiae, suggested that local citizens and journalists could assist by reporting fresh encroachments to the Collector.

Legal Analysis
The court noted that issuing individual notices to each encroacher would be impractical due to the large numbers. It instead directed a general notice by publishing the entire list in two widely circulated Hindi newspapers—Rajasthan Patrika and Dainik Bhaskar—giving all encroachers 15 days to vacate. The court clarified that failure to comply would result in forced removal at the encroachers’ own expense, with the state free to seek police assistance and file criminal cases for trespassing against government property.

Key Observations
“The media and the journalists are also considered as eyes and ears of the public. They too have a role to play to see that encroachments are not made. Wherever they find such encroachments, they can also inform the Collector, Jaipur in this regard.”

The court further described the encroachers as “ranked trespassers on government land” with “no authority in law to continue in possession” of lands categorized as gair mumkin nalla , gair mumkin pahad , or charagah land .

Court’s Decision
The High Court ordered the publication of the encroachment list in the two newspapers, allowed journalists and citizens to report new encroachments to the Collector, and directed the state to remove all listed encroachments within 15 days of the notice. If encroachments are opposed, the state may register criminal cases. The matter will be heard next on September 15, 2026.