SHISHRAM Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) This writ petition styled as public interest litigation has been filed by petitioner Shishram, who is resident of village Diloi, Diloi South, Tehsil Malsisar, District Jhunjhunu, praying for a direction to respondent authorities to ensure removal of illegal encroachments made by unauthorized occupants including the respondents no.7 to 21 from the pasture land bearing khasra nos.34 and 40 measuring 20.26 hectare recorded in the revenue record of his village.

(2.) It is submitted that the 'patwari' of the area reported about the encroachment over the land in question by one Deokaran S/o Shri Mansukh of the village and on that basis the case was registered under Section 91 of the Rajasthan Land Revenue Act, 1956. The Naib Tehsildar, Bisau, District Jhunjhunu, also vide judgment dated 10.04.2015 declared the private respondents to be illegal encroacher and ordered to dispossess them from the land in question. The matter was then taken in appeal before the Additional District Collector, Jhunjhunu, who vide judgment dated 27.10.2015 dismissed the same upholding the judgment of the Naib Tehsildar. Despite the aforesaid judgments, the respondent authorities failed to take any action to dispossess the illegal encroachers from the pasture land in question, the petitioner approached the State Public Grievance Redressal Committee, Jaipur camp at Jhunjhunu but the grievance of the petitioner has not been redressed. 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.