encroachment of government lands/public utility lands vested in the State
HCJ & DVSS,J 4 W.P(PIL).No.140 of 2022&batch
The issue of encroachment of government lands/public utility lands vested in the State, which are meant for common benefit of individuals, was considered in detail by the Hon’ble Supreme Court in Jagpal Singh v. State of Punjab reported in (2011) 11 SCC 396, while dealing with a case of encroachment of village pond. The Hon’ble Supreme Court noted that the appellants therein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat, and observed that such blatant illegalities must not be condoned and even if houses were constructed on the land in question by the encroachers, they must be ordered to be removed and possession of the land must be handed back to the Gram Panchayat. The Hon’ble Supreme Court further observed that regularization of such illegal constructions must not be permitted because the constructions were made on Gram Sabha land, which must be kept for common use of the villagers of the village, and that the Court cannot allow the common interest of the villagers to suffer merely because the unauthorized occupation has subsisted for many years. In the above judgment, the Hon’ble Supreme Court referred to its earlier decision in M.I. Builders (P) Ltd. v. Radhey HCJ & DVSS,J 3 W.P(PIL).No.140 of 2022&batch Shyam Sahu reported in 1999 (6) SCC 464, wherein restoration of a park after demolition of a shopping complex constructed at a cost of more than Rs.100 crores was ordered. The Hon’ble Supreme Court also referred to its another decision in Friends Colony Development Committee v. State of Orissa reported in 2004 (8) SCC 733, wherein it was held that even where the law permits compounding of unsanctioned constructions, such compounding should only be by way of an exception, and observed that the said decision would apply to the cases of encroachment of village common land with even greater force. The Hon’ble Supreme Court further observed that compounding should only be allowed where the land has been leased to landless labourers or members of Scheduled Castes/Scheduled Tribes, or the land is actually being used for a public purpose of the village. The Hon’ble Supreme Court lastly referred to its decision in Hinch Lal Tiwari v. Kamala Devi reported in AIR 2001 SC 3215 (followed by the Madras High Court in L. Krishnan v. State of Tamil Nadu [2005 (4) CTC 1 Madras]), wherein the Court ordered the respondents therein to vacate the land recorded as a pond, which was illegally occupied by them, after taking away the material of the house constructed therein. The Hon’ble Supreme Court, having noted its earlier decisions referred to above, ultimately issued the following directions as contained in paragraph 22 of the judgment, which reads thus:
“22. 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.”