MOHAN LAL YOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this Writ (PIL) Petition, the petitioner has prayed for a direction to respondent authorities to get removed unauthorized encroachment on the land bearing khasra no.384/1 and 382/1 of village Hatoj, District Jaipur, and to recover its possession from the persons who encroached thereupon. Further prayer is made for a direction to the respondent authorities to restore the possession of the pasture land and also to restore the possession if the other land belongs to deity.

(2.) Contention of learned counsel for petitioner is that the petitioner is a resident of village Hathoj and has filed this writ petition seeking a direction to the respondent authorities to protect the interest of local residents as they are suffering a lot on account of illegal and unauthorized encroachment on the government land. It is contended that as per the revenue record the said land is in the ownership of the Jaipur Development Authority and prior thereto it was a pasture land. The land in question has been illegally encroached upon by unscrupulous persons with manipulation of the respondent authorities. The petitioner along-with local residents of the area represented the respondents and in this regard an enquiry was also conducted by the respondent no.2, in which it was found that the land in question has been illegally encroached upon and without there being any permission of the concerned authority the unscrupulous persons have installed boring/tube-well thereon, but even then the respondent authorities have not taken any step to remove the encroachment. Learned counsel has cited a judgment of the Supreme Court in Jagpal Singh and Others Vs. State of Punjab and Others - (2011) 11 SCC 396 and submitted that therein the Supreme Court has directed all the State Government to prepare a scheme for eviction of illegal/unauthorized occupants.

(3.) This Court vide order dated 30.01.2019 passed in Jagdish Prasad Meena and Others Vs. 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.