PRAHLAD SON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Hon'ble Division Bench of this Court in D.B. Civil Writ Petition (P.I.L.) No.10819/2018-Jagdish Prasad Meena and Ors. v. State of Rajasthan and Ors. Vide order dtd. 30/1/2019 has directed as under:-

(2.) The PLPC aforementioned shall also keep in view the guidelines issued by the Supreme Court in Jagpal Singh and Others v. State of Punjab and Others, (2011) 11 SCC 396 wherein all the State Governments of the country were directed that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and the same must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving them a show cause notice and a brief hearing. It was further held therein that long duration of the illegal encroachment/occupation of land or huge expenditure in making construction thereon or political connections of trespassers are no justification for regularising such illegal occupation. Regularisation should be permitted only in exceptional cases where lease has been granted under some government notification e.g. to landless labourers or members of Scheduled Castes/Scheduled Tribes or where there is already a school, hospital, dispensary, 'shamshan', 'kabristan' or other public utility of the like nature on the land. Observations of the Supreme Court in Jagpal Singh (supra) thus leaves no manner of doubt that removal of encroachment on all such land is a rule and regularisation an exception and that too in extremely limited number of cases, which only the Government can do by appropriate notification of the government and no other authority.