LUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ application has been preferred in public interest by the petitioner. Relief has been claimed to the effect that the respondents be directed to remove encroachment from the land bearing khasra no.1298 (gochar land) and khasra no.2005 (gair mumkin rasta) situated in Village Falsund, Tehsil Pokaran, District Jaisalmer. Further relief has been sought to take appropriate action against the persons who have made encroachments over the pasture land and gair mumkin rasta.

(2.) THE petitioner has submitted that the act of encroachment is violative of the provisions of Rajasthan Panchayati Raj Act, 1994 (herein after referred to as 'the Act of 1994'). Section 104(1)(f) of the Act of 1994 authorises the gram panchayats to frame Byelaws to regulate the manner in which tanks, ponds, cesspools, pasture lands, play grounds, manure pits, land for disposal of dead bodies and bathing places shall be maintained and used. Rule 169 of the Rajasthan Panchayati Raj Rules, 1996 provides that common land has been placed at the disposal of the Panchayats. Over the pasture land bearing khasra no.1298 and khasra no.2005 entered as gair mumkin rasta, approximately 30 persons belonging to the village have made encroachments and some of them have raised construction over the pasture land in question. Photographs of the same have been placed on record collectively as Annex.3 to the writ application. A representation was submitted to the Tehsildar but needful was not done. Complaints were also submitted to the Collector and Chairman, Vigilance and Grievance Redressal Committee, Jaisalmer on 14.11.2011. The S.D.O. Directed the Vikas Adhikari, Panchayat Samiti, Sankda to hold enquiry in respect to the complaint filed by the petitioner. However, encroachments have not been removed. Needful has not been done. Hence, the writ application has been preferred.