HC asks Tikamgarh Collector to act against encroachers

Source: The Hitavada      Date: 23 Jul 2017 10:44:10

 


 

Legal Correspondent,

The division bench heard petition filed by Bhajan Lal Litouriya and Devendra Pateriya. Some persons have encroached upon Government land at bus stand in area of Nagar Panchayat, Palera, Tikamagarh

IN THE matter related to some people have encroached upon the Government land at bus stand in the area of Nagar Panchayat, Palera, Tikamagarh District, division bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla has directed to the Tikamgarh Collector and Tehsildar to take action against unauthorised occupants in accordance with the law expeditiously.


The division bench has heard petition filed by Bhajan Lal Litouriya and Devendra Pateriya. Grievance of the petitioner is that some persons are encroachers of the Government land situated at bus stand in the area of Nagar Panchayat, Palera, Tikamagarh District, but authorities are not taking any action to remove encroachments.
sA perusal of Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam-1974, shows that 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 the 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 the aforesaid two statutes, we dispose of the present writ petition with direction to the Collector and/or the Tehsildar to take action against unauthorised occupants in accordance with law expeditiously.


A copy of the petition be sent to the Collector and the Tehsildar for appropriate action as they may consider appropriate in accordance with law, the division bench said.