AAM JANTA, MADHORAJPURA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This public interest litigation petition has been filed by Aam Janta Madhorajpura through one Shankar Lal Kumawat contending that the common land, abadi land, pasture land, river bed, land bearing Khasra No. 1554 admeasuring 51 bigha 06 biswa situated in Talab Shiv Sagar and land land bearing Khasra Nos. 1553, 1555, 1556 situated in river bed etc. situated in Gram Panchayat Madhorajpura, Tehsil Phagi, District Jaipur have been encroached upon by the land mafia. It is contended that the common way connecting Gram Panchayat Madhorajpura with Phagi Madigram which is recorded as 'aam rasta' in the revenue record, has also been encroached upon.

(2.) The land mafia have developed colonies upon the aforesaid lands, due to which, entire pasture land in that area has destroyed. It is contended that on 08.08.2016, a request was made by Sub Divisional Officer, Phagi, District Jaipur to the District Collector, Jaipur for providing necessary 'japta' for the purpose of removing encroachments over the aforesaid lands, but the same was not provided. Thereafter, on 04.06.2018, Sub Divisional Officer, Phagi, District Jaipur directed Tehsildar concerned for removal of the encroachments but till date, no action has been taken against the encroachers. It is therefore prayed that the writ petition may be allowed and the respondents may be directed to remove the encroachments from the aforesaid lands. Learned counsel have cited a 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.