Govt. Land Encroachment- "Why Public Land Protection Cell Not Formed At Every District Level?": MP High Court Asks State

Sparsh Upadhyay

14 July 2021 3:19 AM GMT

  • Govt. Land Encroachment- Why Public Land Protection Cell Not Formed At Every District Level?: MP High Court Asks State

    In view of the rising number of pleas files before the Court in connection with encroachment on government lands, the Madhya Pradesh High Court earlier this month sought an explanation from the State as to why the committee nomenclatured as Public Land Protection Cell has not yet been constituted at every district level.The bench of Justice Sheel Nagu and Justice Deepak Kumar Agarwal was...

    In view of the rising number of pleas files before the Court in connection with encroachment on government lands, the Madhya Pradesh High Court earlier this month sought an explanation from the State as to why the committee nomenclatured as Public Land Protection Cell has not yet been constituted at every district level.

    The bench of Justice Sheel Nagu and Justice Deepak Kumar Agarwal was hearing a plea filed primarily raising alleged public cause of encroachment by certain persons over government land in Lashkar Gwalior.

    The Committee (Public Land Protection Cell) is required to be headed by the Collector of the concerned district who would be vested with the powers and authority to scrutinize all such complaints of encroachment over government land and take remedial action.

    Consequently, the Court remarked:

    "It is common knowledge that this Court is flooded with petitions of this nature where individuals come to this Court alleging encroachment on government lands"

    The Court has directed the Additional Advocate General for the State to seek instructions in the matter as to whether the State has constituted the said Committee at every district level or not and if not then why?

    The Court further referred to Apex Court's ruling in the case of Jagpal Singh and others Vs. State of Punjab and ors. (2011) 11 SCC 396, wherein it said thus:

    "State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village"

    In related news, in order to provide a statewide solution to the problems related to encroachment, the Madhya Pradesh High Court last month directed the Chief Secretary of the State to devise a permanent body designated as Public Land Protection Cell with District Collector as its Chairman and officer of the Rank of Tehsildar as its Member Secretary.

    The Bench of Chief Justice Mohammad Rafiq and Justice Sujoy Paul has also asked the state government to appoint such other Officers as the Members of the Cell, as the Government may deem fit to nominate.

    Case title - Jitendra Sharma v. State of Madhya Pradesh and others

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