Act against encroachers within 6 months: HC to Rewa Mpl Commr

Source: The Hitavada      Date: 08 Oct 2017 11:07:09


Legal Correspondent,

IN THE matter related to challenging encroachment on Government land at Krishna Nagar, Rewa district, division bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla has directed to respondent Rewa Municipal Commissioner to take action against unauthorised occupants according to law within six months.

Grievance of the petitioner Tarun Kumar Tiwari, retired employee of Indian Army, is that the respondent Yasoda Singh, Laxmi Patel, Rammani Shukla, Hansraj Tripathi, Triyugi Narayan Dwidevi and Arun Shukla are encroachers of Government land at Khasra No. 492, 392, 164, in Ward No. 43, Krishna Nagar, Rewa district, but the authorities are not taking any action to remove the encroachments. A perusal of Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974 shows that the competent authority is competent to order eviction of unauthorised occupation of any public premises. Public premises means any building or part of a building and includes garden, grounds and out-houses, if any, appertaining to such building or part of a building.

On the other hand, u/s 248 of the Madhya Pradesh Land Revenue Code, 1959, the Tehsildar is competent to seek eviction of any person who is in unauthorised possession of unoccupied land. Therefore, in respect of premises as defined u/s 2(c) of the 1974 Act, it is the competent authority, who is competent to seek eviction of unauthorised occupants, whereas u/s 248 of the MP Land Revenue Code, Tehsildar is competent to seek possession from any unauthorised occupant of any unoccupied land. Since there is alternative statutory machinery provided for eviction of unauthorised occupants under aforesaid two statutes, we dispose of the present writ petition with a direction to respondent Municipal Commissioner, Rewa, to take action against the encroachers in accordance with the law within six months.

A copy of the petition be sent to the Municipal Commissioner Rewa District for appropriate action as may be appropriate in accordance with law, the division bench said. Advocate Nityanand Mishra appeared on behalf of the petitioner, while Government Advocate Amit Seth for the State.