Madhya Pradesh High Court
Shree Lal Mer vs The State Of Madhya Pradesh on 18 September, 2019
Author: Sanjay Yadav
Bench: Sanjay Yadav
1
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No. 19587/2019 (PIL) (Shree Lal Mer Vs. State of M.P.
and others)
Gwalior, Dated:-18.9.2019
Shri S.K. Sharma, learned counsel for the petitioner.
Shri F.A. Shah, learned Govt. Advocate for the
respondent/State.
Heard on admission.
[1] Petitioner alleges that land forming part of Survey No.355, area 0.376 hectare of Village Sanai, District Guna is recorded as Government land; however, the encroachers have encroached upon the said land, accordingly, seeks direction to the Authorities concerned to initiate action against the encroachers and free the land and restore it as Government land.
[2] Since there is allegation with regard to encroachment over the Government land, this Court is of the considered opinion that the cause of justice would be best served if the Collector, Guna is directed to cause an inquiry and take appropriate steps in accordance with law in case encroachment is found on the Government land. [3] Petition is, accordingly, disposed of with the following directions :-
(i) The petition be treated as representation made 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No. 19587/2019 (PIL) (Shree Lal Mer Vs. State of M.P. and others) to Collector, Guna about encroachments on subject land, which incidentally is Government land/public property.
(ii) The Collector shall cause to make inquiry into this grievance and if he is convinced about the same, he will be obliged to take action against the encroachers and unauthorized structures to remove the said encroachment on the public property with utmost dispatch by following due process and giving opportunity to all concerned.
(iii) If the Collector has any difficulty in taking follow-up action as per the direction issued by him, must report that fact to this Court forthwith and seek appropriate directions, as may be required.
(iv) If Revenue Authority intends to proceed to remove/demolish unauthorized structure standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, Gwalior to provide sufficient police force for security arrangement. If such request is made, the Superintendent of Police shall personally ensure that adequate police force is deputed on the site, on the date and time notified by the Revenue Authority for proceeding with the removal/demolition of unauthorized structure(s) standing on the public property.
(v) Any person aggrieved by the decision or action of the Revenue Authorities will be free to challenge the same by way of appropriate proceedings, if so advised, before the Court of competent jurisdiction.
(vi) If any adverse order is passed by the Collector, the affected person(s) be given one week's time before taking action on the basis of that order to enable the concerned person(s) to assail that order by 3 THE HIGH COURT OF MADHYA PRADESH Writ Petition No. 19587/2019 (PIL) (Shree Lal Mer Vs. State of M.P. and others) way of appropriate proceedings before the Court of competent jurisdiction.
(vii) After removal/demolition of unauthorized structure(s), the Collector shall cause to initiate proceedings for recovery of compensation/damages for unauthorized user of the public property as per rules and recover that amount from the concerned occupant of the unauthorized structure, in accordance with law and as arrears of land revenue.
[4] Action taken report be filed by the Collector in this Court on or before 16/12/2019. If such report is not filed, the matter be notified on 16/12/2019 under caption "Directions" for passing appropriate orders. Liberty is given to the petitioner to move this Court if the action taken report is deficient or discloses that complete action has not been taken to remove all the unauthorized occupants/structures. [5] This order shall be carried out promptly by all concerned in its letter and spirit.
[6] Subject to above, the petition and pending interim application(s) filed therein, if any, be treated as disposed of.
(Sanjay Yadav) (Vivek Agarwal)
Judge Judge
Pawar/-
ASHISH
PAWAR
2019.09.24
16:56:36
+05'30'