Act against encroachers: HC

Source: The Hitavada      Date: 03 Sep 2017 10:38:03


Legal Correspondent,

IN THE matter related to Government land being encroached upon by some people in Sihora, Narsinghpur district, division bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla has directed Narsinghpur Collector to take action against unauthorised occupants in accordance with law expeditiously. The division bench heard the petition filed by Chandra Kumar Suraiya from village and Post Sihora (Bohani) Gadarwara Tehsil, Narsinghpur district.

The petitioner is seeking a direction to respondents to remove encroachers from the land of Public Works Department bearing Khasra No. 202, in Sihora. A 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.

The 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 unauthorized 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 off the present writ petition with direction to the Collector and/or the Tehsildar to take action against the 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.