GRAM PANCHAYAT DHOOMA Vs. STATE OF M. P.

JUDGEMENT

(1.) 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.

(2.) 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 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.).

(3.) 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., 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 implemented.