RAMJI LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This public interest litigation petition has been filed by Ramji Lal Meena resident of Village Bawanpura, Tehsil Kothkhawda, District Jaipur contending that pasture land situated at different khasras numbers ad-measuring 72 bighas situated at Revenue Village Chakbawanpura, Tehsil Kotkhawda, District Jaipur, which is recorded as pasture land in the revenue record, has been encroached by Respondent Nos. 6 to 13 and some other persons. It is contended that entire pasture land is in the grips of the encorahcers and they are causing revenue loss to the State Government. Provisions of Rajasthan Land Revenue Act, Rajasthan Tenancy Act and other relevant rules are being violated by the encroachers. The petitioner and other persons made several complaints to the concerned authorities but no action has been taken. It is contended that no person can encroach over the pasture land but the official respondents are not taking any steps for removal of the encroachments. When the official respondents did not take any steps, the petitioner sent a legal notice on 29.07.2019 to the official respondents but despite that, no action has been taken by them for removal of the encroachments.

(2.) Learned counsel has cited judgment of the Supreme Court in Jagpal Singh and Others v. State of Punjab and Others, (2011) 11 SCC 396 and submitted that therein the Supreme Court has directed all the State Governments to prepare a scheme for eviction of illegal/unauthorised occupants.

(3.) 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.