OM PRAKASH VERMA Vs. STATE OF U P

JUDGEMENT

(1.) THE question of law and facts in all the writ petitions of this bunch being the same, we propose to decide all the writ petitions by the following common judgment and order. The issue engaging attention of this Court in all these matters relate to unauthorized/illegal occupation of gaon sabha land and eviction therefrom. It has been noticed time and again by this Court and even by the authorities of the State Government that the land vested with the management of gaon sabha is often encroached upon by the individuals who use the same in their personal interest and for their personal benefits. The issue relating to such illegal occupation has, thus, engaged attention even of the Hon'ble Apex Court way back on 25th July, 2001 delivering the judgment in a case relating to encroachment of ponds, Hon'ble Apex Court in the case of Hinch Lal Tiwari v. Kamla Devi and others, : 2001(92) RD 689(SC). has noticed that the material resources of the community like forests, tanks, ponds, hillocks and mountain etc. are nature's bounty and they maintain delicate ecological balance, hence they need to be protected for a proper and healthy environment to enable people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution of India. The Hon'ble Apex Court, thus, observed in the said judgment that appropriate vigil is the best protection against attempts to seek allotment in non -abadi sites. Underlining the importance of maintaining ponds, the Hon'ble Apex Court further observed that restoration of ponds, its development and maintenance as a recreational spot will be in the best interest of the villagers, which will help in maintaining ecological balance and protecting the environment. The Hon'ble Apex Court further observed that such measures must begin at the grass -root level.

(2.) YET in another judgment in the case of Jagpal Singh and others v. State of Punjab and others, : 2011 (113) RD 689(SC) : 2011 (85) ALR 500 : 2011 (99) AIC 88. the Hon'ble Apex Court directed all the State Governments in the country to prepare schemes for eviction of illegal/unauthorized occupants of gaon sabha land meant for the common use of the villagers. The Hon'ble Apex Court further directed that for the aforesaid purposes, the Chief Secretaries of all the State Governments will do the needful, taking the help of other senior officers of the State Governments and further that the said scheme should provide for the speedy eviction of such illegal occupants, after giving the person concerned a show cause notice and a brief hearing.

(3.) THE Government Order dated 23.3.2011 further referring to various Government Orders issued in respect of the procedure to be adopted and action to be taken for eviction of unauthorized occupants from the public utility land, has issued directions to remove the illegal occupation from the gaon sabha land and from the ponds etc. by identifying the illegal occupations which have taken place from 1st January, 2011. The State Government has directed the authorities that after identifying the illegal encroachments, the eviction proceedings be concluded expeditiously and report be submitted of such action taken to the District Level Task Force constituted under the Chairmanship of District Magistrate. The District Magistrate has been required to submit his report to the Commissioner and Secretary of the Board of Revenue.