ANITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This public interest litigation petition has been filed by the petitioner contending that land bearing Khasra No. 124 ad- measuring 3.29 hectare is situated in village Natas, Patwar Halka Natas, Inspector Land Record Halka Badaganv, Tehsil Udaipurwati Distt. Jhunjhunu. It is stated that the said land is a Government land on which some influential persons namely Laxman S/o Hardayal, Moti S/o Hardayal and Jai Singh S/o Hardayal have made illegal encroachments by raising Pucca constructions and boundary wall. Because of the encroachments the catchment of the Katli River in Jhunjhunu/Shekhawati region has been substantially reduced and during the rainy season, flow of water from this river is also blocked. To this effect, it is stated that petitioner and other persons submitted repeated applications to the concerned District Collector, Jhunjhunu, SDO Udaipurwati, Tehsildar Udaipurwati and Assistant Engineer, AVVNL Chanana Distt. Jhunjhunu on 30.07.19, 27.08.2019, 9.9.2019 and 26.09.2019 for removal of the said encroachments but no but no steps have been taken by the respondents.

(2.) This Court vide order dated 30.01.2019 passed in Jagdish Prasad Meena and Others v. State of Rajasthan and Others, D.B. Civil Writ Petition (PIL) No. 10819/2018 took note of fact that large number of writ petitions are being filed before this Court styled as public interest litigation petitions which pertained to encroachment over the pasture land/ land of 'johad', 'talab'/ river/river bed/public way/ Shamshan/Kabristan etc. and directed the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short 'PLPC') for rural areas. It was further directed by this Court that the PLPC should be headed by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. The complaints/ representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/ representationist about the action taken. It was observed that this would obviate the necessity of such complainants/ representationists approaching this Court directly by way of public interest litigation.

(3.) In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioner to approach Respondent No. 2, District Collector, Jhunjhunu by filing a detailed representation along with copy of aforesaid order, who shall examine the grievance of the petitioner and do the needful within a period of three months from the date of filing of the representation.