MEENA SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case of the petitioner is that illegal encroachment illegal construction on Government Land, charagah land, in front of Govt. School as also the Govt. Hospital gair mumkin nadi, talab, talai, public way has been made and illegal commercial activities on temple land, mandir maafi in abadi land, as well as sand mining in river, illegal construction are going on without any remedial statutory action by the respondents. These illegal and unauthorized activities are alleged to be spread over khasra numbers 84, 24, 80, 82, 356, 83, 85, 86, 366, 82, 393, 394, 395, 396, 397, 367, 368, 369, 358, 400, 405 to 408/364, 365, 362, 357, 412 to 416, 438, 439 and 447 to 451 in Panchayat Kanwat-Khandela. Directions for corrective action in exercise of statutory powers of the respondents authorities have been sought.

(2.) Reply to the petition has been filed. It has been submitted that the allegations in the petition with regard to the encroachments and illegal activities in Panchayat Kanwat-Khandela though partially correct are overreaching in nature and several of those lawfully in possession of land in their khatedari land and otherwise carrying out legitimate activities are also sought to be targeted.

(3.) An additional affidavit of one Mahipal Singh, presently posted as SDO, Khandela, Sikar in defence to the petition has also been filed. It has been submitted that as per the directions of this Court issued on 4/2/2019 a consolidated report of the present status as on 28/2/2019 of all the alleged encroachments in the petition has been submitted. It has been stated that the proceedings under Sec. 91 of the Rajasthan Land Revenue Act, 1956 (hereafter 'the Act of 1956') have been initiated by the competent authority against the encroachers identified and where encroachments have been found after' due process, several dispossessed. Unlawful activities were being regularly identified and are also being addressed as per law. But on both counts there is no terminus and enforcement of law is an ongoing process. It has been submitted that in some cases encroachers identified by the respondents have the protection of interim order's of the Court's and consequently no action qua such encroachers has been taken-albeit the stay orders and the main petitions will be and are being contested.