The Allahabad High Court has directed the District Magistrate, Jaunpur to recover the loss from the culprits by removing illegal encroachments on Chak marg in Rajepur village of Zafarabad.
A Single Bench of Justice Prakash Padia passed this order while hearing a PIL filed by Vivek Kumar Yadav.
The petitioner has filed the Public Interest Litigation seeking following relief:
“I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities for taking appropriate legal actions against the respondent nos.6 to 11 regarding to vacating the illegal encroachment from the Gaon Sabha land i.e. Land Arazi No.29 area 0.0690hectare recorded as Chak marg in the revenue records i.e. Khatauni situated in the village Rajepur, Tehsil Sadar Pargana Zafarabad District Jaunpur taking the provisions of Section 67 of the U.P. Revenue Code, 2006 read with Rule 67(6) of the U.P. Revenue Rules, 2016 in some specified period fixed by this Hon’ble Court.
II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents authorities to take appropriate legal actions against the respondent nos.6 to 11 in pursuance of applications/representations filed by the petitioner before the revenue authorities of the Tahsil concerned regarding the illegal encroachment of the respondent Nos.6 to 11 from the Chak marg land, taking the recourse of the provisions of section 67 of the U.P. Revenue Code and Rules 67(7).
III. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities specially Tahsildar as well as Sub Divisional Magistrate to vacate the Public Utility land from the encroachment of the respondent nos.6 to 11 by taking conceive actions against them.”
Since there is allegation with regard to encroachment over the Government land, the Court opined that the cause of justice would be best served if the District Magistrate, Jaunpur is directed to cause an inquiry and take appropriate steps in accordance with law in case encroachment is found on the Government land.
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In view whereof the court deemed it appropriate to issue following directions:
(i) The petition be treated as representation made to the District Magistrate, Jaunpur about encroachments on subject land, which incidentally is Government land/public property.
(ii) The District Magistrate 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 unauthorised 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 District Magistrate 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 the 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, District Jaunpur to provide sufficient police force for security arrangement. If such a 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 District Magistrate 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 way of appropriate proceedings before the Court of competent jurisdiction.
(vii) After removal/demolition of unauthorized structure(s), the District Magistrate 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.
“Let the entire exercise be done within a period of three months from the date of communication of this order.
Action taken report be filed by the District Magistrate in the Court on or before July 7, 2022.
The petition stands disposed of in above terms, save and except for reporting compliance on July 7, 2022, the Court ordered.