The Madhya Pradesh High Court has said that in order to avoid unnecessary litigation, the State has created the said authority to look into specific cases of encroachments.
The Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra disposed of a Public Interest Litigation (PIL) filed seeking direction to the respondents authority to take proper measurement as per map of government land record and it may remove encroachment from government land, in the nature of justice.
Additional Advocate General submits that notwithstanding the prayers made, the Public Land Protection Cell has been created for the purposes of attending to all complaints pertaining to encroachments on government land. Therefore, it would be appropriate for the petitioner to approach the said authority.
Under these circumstances, the Bench do not find it appropriate to interfere with the matter since there is an availability of alternative and efficacious remedy. It is ultimately for the authorities to ascertain and determine whether the plea of the petitioner regarding encroachment is valid or not.
“In order to avoid unnecessary litigation, the State have created the said authority to look into specific cases of encroachments. Therefore, when a specialized agency has been created, we do not find it necessary to interfere in this matter’, the order reads.