Dineshwar Prasad Mehta vs State Of Chhattisgarh

The grievance of the petitioner in the present writ petition is the alleged illegal encroachment and subsequent illegal plotting being done on

government land that situates at Khasra No.44/4 and 44/8 at village Lata, Tehsil Katghora, District Korba.

The counsel for the petitioner submits that on a complaint made by the petitioner, the respondents have already initiated action and an order was

passed as early as on 10.09.2018, however, till date there has been no further action initiated by the respondents in terms of the order dated

10.09.2018.

Today when the matter is taken up for hearing, the counsel appearing for the Municipal Corporation submits that the Municipal Corporation shall

ensure that appropriate proceedings and steps are taken in accordance with law after hearing all the parties within a stipulated period at the earliest.

The same view has been expressed by the State counsel as well.

Of late, this court has been receiving various writ petitions of different areas with similar, if not identical, relief sought for i.e. the government land in

the neighboring of the petitioner's getting encroached upon by illegal means and thereafter constructions are being carried out on government land and

thereafter those government lands are being plotted and sold to private agencies thereby further encroachments are being permitted.

The Supreme Court in case of Jagpal Singh & Others Vs. State of Punjab and Others, 2011 (11) SCC 396 has already come down heavily upon the

government agencies particularly so far as illegal encroachment is concerned, wherein in paragraph 23 the Supreme Court in a very categorical terms

have issued the following directions:

“23. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of

illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram

Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India

are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of

such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making

constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal

possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to

landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the

land.â€​

Based upon the said directives issued by the Supreme Court in the said judgment, the State of Chhattisgarh as well has issued certain guidelines on

this issue. However, it seems that the judgment and directions of Supreme Court and the guidelines framed by the State of Chhattisgarh are all being

given a go bye by the illegal encroachers who seem to be in connivance with the government officials, or else they could not have been permitted to

firstly encroach upon the government land and secondly raise huge constructions on the government land.

The guidelines issued by the State Govt. in this regard is also enclosed along with the writ petition as Annexure P/5 dated 13.03.2011 wherein a

mechanism itself has been envisaged to be resorted to in the given factual backdrop.

It is high time that the respondents wake up from their slumber and take an appropriate strong decisions in order to protect the government land

from being misused by such unscrupulous persons.

Given the fact that there is already a judgment of Supreme Court and which has also been accepted by the State of Chhattisgarh by the issuance

of the guidelines dated 13.03.2011, it goes without saying that the respondents are bound to take appropriate steps and actions in accordance with

directives of the Supreme Court as also the guidelines of the State Government.

The writ petition therefore at this juncture stands disposed of directing the respondents No.3&4 to take all necessary steps and actions so far as

illegal encroachment upon government lands are concerned, more particularly the order of the respondent No.4 dated 10.09.2018 in respect of the

illegal encroachment in Khasra No.44/4 and 44/8 at village Lata, Tehsil Katghora, District Korba.

It is expected that the respondents shall initiate appropriate action strictly in accordance with law immediately within a period of 45 days and the

entire proceedings shall be concluded within an outer limit of six months from the date of receipt of copy of this order.