Rajasthan High Court - Jaipur
Govind Son Of Shivlal vs The State Of Rajasthan on 11 December, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
(1) S.B. Civil Writ Petition No.20833/2019
Govind Son Of Shivlal, Aged About 62 Years, By-Caste Mahajan,
Resident Of Kailadevi, Tehsil And District Karauli (Rajasthan)
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Public Works Department, Government Of Rajasthan,
Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan, Through Its Chief
Engineer, Jaipur.
4. Gram Panchayat Kailadevi, Panchayat Samiti, Karauli,
District Karauli, Through Its Sarpanch. ----Respondents
connected with (2) S.B. Civil Writ Petition No. 20838/2019 Hari Agrawal Son Of Chhitarmal, Aged About 68 Years, By Caste Mahajan, Resident Of Marmada, Presently Resident Of Kailadevi, Tehsil And District Karauli (Rajasthan) ----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
4. Gram Panchayat, Kailadevi, Panchayat Samiti, Karauli, District Karauli Through Its Sarpanch.
----Respondents (3) S.B. Civil Writ Petition No. 20831/2019 Gopal Meena Son Of Bhairu Lal, Aged About 58 Years, By-Caste Meena, Resident Of Kailadevi, Tehsil And District Karauli (Downloaded on 14/12/2019 at 09:06:28 PM) (2 of 11) [CW-20833/2019] (Rajasthan) ----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
4. Gram Panchayat Kailadevi, Panchayat Samiti, Karauli, District Karauli, Through Its Sarpanch. ----Respondents (4) S.B. Civil Writ Petition No. 20832/2019 Mukesh Kumar Gupta Son Of Gopal Lal, Aged About 50 Years, By Caste Mahajan, Resident Of Village Khohari, Tehsil And District Karauli (Rajasthan) ----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
4. Gram Panchayat, Kailadevi, Panchayat Samiti, Karauli, District Karauli Through Its Sarpanch. ----Respondents (5) S.B. Civil Writ Petition No. 20837/2019 Prakash Meena Son Of Ramsukha, Aged About 38 Years, By- Caste Meena, Resident Of In Front Of Panchayat Bhawan, Kailadevi, District Karauli (Rajasthan)
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan) (Downloaded on 14/12/2019 at 09:06:28 PM) (3 of 11) [CW-20833/2019]
3. Public Works Department, Rajasthan Through Its Chief Engineer, Jaipur.
4. Gram Panchayat, Kailadevi, Panchayat Samiti, Karauli, District Karauli Through Its Sarpanch.
----Respondents (6) S.B. Civil Writ Petition No. 20839/2019 Vishnu Chandra Gupta Son Of Gopal Gupta, Aged About 50 Years, By-Caste Mahajan, Resident Of In Front Of Panchayat Bhawan, Kailadevi, Tehsil And District Karauli (Rajasthan)
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
4. Gram Panchayat Kailadevi, Panchayat Samiti, Karauli, District Karauli, Through Its Sarpanch.
----Respondents (7) S.B. Civil Writ Petition No. 20861/2019 Pappu Patwa Son Of Manohari Patwa, Aged About 48 Years, Resident Of In Front Of Gram Panchayat Bhawan, Kailadevi, Tehsil And District Karauli (Rajasthan)
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan Through Its Chief Engineer, Jaipur.
4. Gram Panchayat, Kailadevi, Panchayat Samiti, Karauli, (Downloaded on 14/12/2019 at 09:06:28 PM) (4 of 11) [CW-20833/2019] District Karauli Through Its Sarpanch.
----Respondents (8) S.B. Civil Writ Petition No. 20863/2019 Kailadevi Temple Trust, Kailadevi Through Its Manager, Mahesh Chand Sharma Son Of Late Shri Nanak Chand Sharma, Kailadevi, Tehsil And District Karauli (Rajasthan).
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan Through Its Chief Engineer, Jaipur.
4. Gram Panchayat, Kailadevi, Panchayat Samiti, Karauli, District Karauli Through Its Sarpanch.
----Respondents (9) S.B. Civil Writ Petition No. 20883/2019 Bhagwan Sahay Gupta Son Of Brij Mohan Gupta, Aged About 50 Years, By-Caste Mahajan, Resident Of In Front Of Gram Panchayat, Kailadevi, Tehsil And District Karauli (Rajasthan)
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Assistant Engineer, Public Works Department, Sub-
Division, Kailadevi, District Karauli (Rajasthan)
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
4. Gram Panchayat, Kailadevi, Panchayat Samiti, Karauli, District Karauli Through Its Sarpanch.
----Respondents
(Downloaded on 14/12/2019 at 09:06:28 PM)
(5 of 11) [CW-20833/2019]
(10) S.B. Civil Writ Petition No. 20504/2019
1. Bherulal Gupta Son Of Shri Jamnalal, Aged About 80 Years, By Caste Mahajan (Agarwal), Resident Of Kaila Devi, District Karauli, Rajasthan.
2. Vishnu Chand Agarwal Son Of Bherulal, Aged About 55 Years, By Caste Mahajan (Agarwal), Resident Of Kaila Devi, District Karauli, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
2. Assistant Engineer, Public Works Department, Sub Division Kaila Devi, District Karauli, Rajasthan.
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
----Respondents (11) S.B. Civil Writ Petition No. 20505/2019 Dharam Chand Gupta @ Dharmu Gupta Son Of Chuttan Lal Gupta, Aged About 53 Years, By Caste Mahajan (Agarwal), Resident Of Nayapura-Lohra Road, Kaila Devi, District Karauli, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
2. Assistant Engineer, Public Works Department, Sub Division Kaila Devi, District Karauli, Rajasthan.
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
----Respondents (12) S.B. Civil Writ Petition No. 20506/2019 Himmat Singh Son Of Mool Singh, Aged About 50 Years, Resident Of Near Amar Kunj Hotel, Kaila Devi, District Karauli, Rajasthan.
----Petitioner
(Downloaded on 14/12/2019 at 09:06:28 PM)
(6 of 11) [CW-20833/2019]
Versus
1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
2. Assistant Engineer, Public Works Department, Sub Division Kaila Devi, District Karauli, Rajasthan.
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
----Respondents (13) S.B. Civil Writ Petition No. 20507/2019 Batti Lal Gupta S/o Late Shri Ramji Lal Gupta, Aged About 55 Years, Resident Of Opp. Amar Kunj Hotel, Kaila Devi, District Karauli, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
2. Assistant Engineer, Public Works Department Sub Division Kaila Devi, District Karauli, Rajasthan
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
----Respondents (14) S.B. Civil Writ Petition No. 20508/2019 Mahesh Gupta Son Of Bhagwatilal, Aged About 46 Years, By Caste Mahajan (Agarwal), Resident Of Opposite Amar Kunj Hotel, Kaila Devi, District Karauli, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
2. Assistant Engineer, Public Works Department Sub Division Kaila Devi, District Karauli, Rajasthan
3. Public Works Department, Rajasthan, Through Its Chief Engineer, Jaipur.
----Respondents
(Downloaded on 14/12/2019 at 09:06:28 PM)
(7 of 11) [CW-20833/2019]
(15) S.B. Civil Writ Petition No. 20510/2019 Kirodi Bhagat @ Kirodi S/o Late Shri Ram Bharose, Aged About 46 Years, By Caste Meena, Resident Of Kaila Devi, Tehsil Karauli, District Karauli.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
2. Assistant Engineer, Public Works Department, Sub Division Kaila Devi, District Karauli, Rajasthan.
3. Public Works Department, Rajathan, Through Its Chief Engineer, Jaipur.
----Respondents For Petitioner(s) : Mr. Rajneesh Gupta, Adv.
Mr. Manoj Bhardwaj, Adv. with Mr. T.L. Pandey, Adv.
For Respondent(s) : Mr. Rajesh Maharshi, Addl. Advocate General with Mr. Apoorv Gupta, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 11/12/2019 The present batch of writ petitions have been filed by the petitioners challenging notices issued by Assistant Engineer, Public Works Department, Sub-Division, Kaila Devi, District Karauli whereby the petitioners have been asked to remove the construction/encroachment within seven days, failing which the department was to carry out the necessary exercise of demolishing the illegal construction/encroachment.
Counsel for the petitioners submitted that prior to notice, no opportunity was afforded to the petitioners and no survey was (Downloaded on 14/12/2019 at 09:06:28 PM) (8 of 11) [CW-20833/2019] conducted to find out the alleged construction/encroachment.
Counsel further submitted that the petitioners are having valid title document in their favour and as such, the presumption by the respondents to treat such construction as encroachment is absolutely unjustified.
Counsel further submitted that if at all the respondents wanted to take action in pursuance of directions said to be given by National Green Tribunal (NGT), the necessary exercise ought to have been undertaken to determine as who is in valid possession of the land and construction made thereon and in what manner, the construction made, is treated to be encroachment.
Learned Additional Advocate General Mr. Rajesh Maharshi, has filed reply on behalf of the respondent-State in some of the cases.
Counsel for the respondents submits that NGT has passed orders on 21.8.2017, 17.10.2019 and 19.11.2019 whereby the District Collector, Karauli, Sub Divisional Officer and Tehsildar Karauli have been called in person by the NGT and they have been directed to remove encroachments said to be made in an around the Kaila Devi Temple.
Counsel for the respondents submitted that even the Officers have been saddled with costs of Rs.10,000/- and further the Superintendent of Police, Karauli is directed to provide adequate force to the Collector when the action of demolition is to take place.
Counsel for the respondents submitted that the District Collector, Karauli has issued an order dated 1.11.2019 whereby timeline has been provided for constituting a Survey Team and (Downloaded on 14/12/2019 at 09:06:28 PM) (9 of 11) [CW-20833/2019] further after preparing the survey report, the necessary action of earmarking the encroachments has been carried out and further the notice to such persons who are in illegal occupation and have made encroachment, is to be given to them.
Counsel for the respondents submitted that the entire action by the District Administration is taken in pursuance of directions issued by NGT and as such no illegality has been committed by the respondents while issuing notices to the petitioners to remove the illegal construction made on public road or in the area which has been earmarked as Kaila Devi Wildlife Sanctuary.
Counsel for the respondents further submitted that the necessary instructions have been issued to the Tehsildar Karauli to take action against the persons who have made such encroachments. Counsel submitted that the notice has been given to the petitioners to remove encroachments, however, the final order is yet to be passed by Tehsildar Karauli by issuing notice under Section 91 of the Rajasthan Land Revenue Act.
Counsel for the respondents submitted that the present petitions are premature, as no order has been passed by the Tehsildar while invoking power under Section 91 of the Rajasthan Land Revenue Act.
Learned counsel for the petitioners submitted in rejoinder that if at all the action is to be taken by the Authorities, the prior notice ought to have been given by the Tehsildar before taking any action under Section 91 of the Rajasthan Land Revenue Act and further opportunity of hearing is required to be afforded to the petitioners.
(Downloaded on 14/12/2019 at 09:06:28 PM)(10 of 11) [CW-20833/2019] I have heard the learned counsel for the parties and perused the material available on record.
This Court finds that though notice has been issued by Assistant Engineer, Public Works Department, Sub-Division Kaila Devi, however, the order is yet to be passed by the Tehsildar by issuing notice to the petitioners under Section 91 of the Rajasthan Land Revenue Act.
This Court finds that if the order of NGT is to be complied by the State Government, the petitioners at least should have been given an opportunity to explain as in what manner they are in occupation of land/construction raised by them.
The statement of the learned Additional Advocate General, makes it clear that now procedure is going to be adopted by the Tehsildar by giving a notice to the persons who are said to be in illegal possession/encroachments over the land in question which has been directed to be maintained by the NGT.
These writ petitions are disposed of by giving directions to the respondents to serve notice on the petitioners under Section 91 of the Rajasthan Land Revenue Act and after affording the opportunity to the petitioners, the Competent Authority/Tehsildar will be free to pass appropriate order and if it is found that the petitioners have made any encroachments over the public land and or land belonging to Wildlife Sanctuary, the necessary action to remove such encroachment will be immediately taken.
It is made clear that till proceedings are concluded by the Tehsildar under Section 91 of the Rajasthan Land Revenue Act, the (Downloaded on 14/12/2019 at 09:06:28 PM) (11 of 11) [CW-20833/2019] alleged encroachment/construction of the petitioners will not be removed/demolished.
A copy of this order be separately placed in each petition.
(ASHOK KUMAR GAUR),J Ramesh Vaishnav/86 4, 5, 31, 32, 33, 34, 36, 37, 38, 126-131 (Downloaded on 14/12/2019 at 09:06:28 PM) Powered by TCPDF (www.tcpdf.org)