The Allahabad high court has directed the state government to ensure removal of encroachments on public land or land reserved for public utility purposes across Uttar Pradesh within 90 days.
The court also ordered departmental and criminal proceedings against officials who fail to act as per the law while observing that inaction by pradhans, lekhpals and revenue officers in reporting or removing encroachments from Gram Sabha land will amount to criminal breach of trust.
Justice PK Giri passed the order in a public interest litigation (PIL) petition filed by one Manoj Kumar Singh alleging that a pond in Chauka village of Chunar, Mirzapur, was encroached by villagers and no action was taken by local administration despite complaint.
The court in order dated 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”. The court observed, “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 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 the lekhpal, would constitute a criminal breach of trust under Section 316 of the Bharatiya Nyay Sanhita, 2023, along with abetment and conspiracy charges.
{{/usCountry}}The court 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 the lekhpal, would constitute a criminal breach of trust under Section 316 of the Bharatiya Nyay Sanhita, 2023, along with abetment and conspiracy charges.
{{/usCountry}}Justice Giri thus directed that criminal proceedings be initiated under the BNS for such failures. The judgment elaborated that Gram Sabha land is ‘entrusted property’, and any failure to safeguard it, by not reporting encroachments or allowing wrongful occupation, amounts to dishonest misuse of public trust.
The bench also directed the police authorities to provide full cooperation in removal of encroachments, ensuring the process is completed peacefully and without any hindrance. It also directed that the informant (person who reports the encroachment) must be given an opportunity of hearing 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.