Allahabad HC directs removal of encroachment from state land within 90 days

Prayagraj, Oct 14 (PTI) The Allahabad High Court has directed the removal of encroachments over public land or land reserved for public utility purposes across the state within 90 days.

The court also ordered departmental and criminal proceedings against officials who failed to act as per the law, while observing that inaction by pradhans, lekhpals and revenue officers in reporting or removing encroachments over gram sabha land will amount to criminal breach of trust.

Justice PK Giri passed the order on a Public Interest Litigation (PIL) filed by one Manoj Kumar Singh, who alleged that a pond in Chauka village of Chunar in Mirzapur was encroached upon by villagers and no action was taken by the local administration despite a complaint.

The court, in its order on October 6, said that no encroachment is permissible on water reservoirs and that removal must be ensured "as early as possible with heavy penalty, cost and punishment." "JAL HI JIVAN HAI i.e. 'Water is life', thus without water there is no existence of life of any creature on earth so it must be saved at any cost," the court's order read.

Judge Giri opined that since the Land Management Committee of a village is responsible for preserving public land in the village, inaction by its members, including the pradhan and lekhpal, would constitute a criminal breach of trust under Section 316 of the Bharatiya Nyay Sanhita, 2023, along with abetment and conspiracy charges.

The judge thus directed that criminal proceedings be initiated under the BNS against the officials.

The judgment termed the gram sabha land "entrusted property," and its encroachment a dishonest misuse of public trust.

The bench also directed the police authorities to lend full cooperation in the removal of encroachments.

It also directed that the informant (person who reports the encroachment) must be given an opportunity of heard at every stage.

"If encroachments persist or the order is not implemented, civil contempt proceedings may be initiated in the High Court against defaulting officials," the bench said. PTI COR RAJ VN VN