Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 56635 of 2017 Petitioner :- Jagan Kushwaha Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Ajay Bhanot,J.
Heard Sri Juned Alam, learned counsel for the petitioner, Sri Tariq Maqbool Khan learned counsel appearing for Gaon Sabha and learned Standing Counsel for the State respondents.
Learned counsel for the petitioner contends that a complaint with regard to illegal encroachment over public land and Gaon Sabha property has been made to the competent authority namely Assistant Collector/Tehsildar, Tehsil Tamkuhiraj, District Kushi Nagar. The complaint was made on 04.09.2017 and is annexed as annexure 3 to the writ petition.
The contention of learned counsel for the petitioner is that inspite of receipt of such complaint disclosing relevant information regarding encroachment of public property in particular Gaon Sabha property, no action has been taken thereupon.
The legislature was alive to the wide-spread problem of encroachment upon public land. Public land including property of the Gaon Sabha are especially vulnerable to encroachment, damage, misappropriation and wrongful occupation. With the aforesaid menace in mind, a comprehensive scheme was drawn up by the legislature to curb this evil. In this regard, section 67 of the U.P. Land Revenue Code, 2006 provides for dealing with such matters.
Encroachment of public land leads to dissipation of public property and causes irreversible damage to public interest. It requires urgent attention and expeditious corrective action. It is the obligation of the statutory authorities, the Tehsildar/Assistant Collector in this case, to execute the duties entrusted by the statute with diligence and promptitude. No delay or callous attitude at the end of the statutory authorities can be brooked in such matters.
Learned counsel for the petitioner relies upon Section 67 of U.P. Revenue Code which is being extracted hereunder:-
"67. Power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property.- (1) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed.
(2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated, or any person is in occupation of any land referred to in that sub- section in contravention of the provisions of this Code, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land.
(3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary, and may direct that the amount of compensation for damage or 34 misappropriation of the property or for wrongful occupation, as the case may be, be recovered from such person as arrears of land revenue.
(4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2), he shall discharge the notice.
(5) Any person aggrieved by an order of the Assistant Collector under sub-section (3) or sub-section (4), may within thirty days from the date of such order, prefer an appeal to the Collector.
(6) Notwithstanding anything contained in any other provision of this Code, and subject to the provisions of this section every order of the Assistant Collector under this section shall, subject to the provisions of sub-section (5) be final.
(7) The procedure to be followed in any action taken under this section shall be such as may be prescribed.
Explanation. - For the purposes of this section, the word 'land' shall include the trees and buildings standing thereon."
In view of the aforesaid facts, prima facie it appears that the Assistant Collector/Tehsildar has failed to perform his statutory duties with due diligence and promptitude, which is required of him by law.
A mandamus is issued directing the Assistant Collector/Tehsildar, Tehsil Tamkuhiraj, District Kushi Nagar to examine the complaint and proceed forthwith with the matter under Section 67 of the U.P. Revenue Code. It is further directed that the said proceedings will be brought to a conclusion within a period of three months from the date of production of a certified copy of this order. In case such proceedings are not concluded within a period of three months the Assistant Collector/Tehsildar shall maintain a record containing reasons for the delay in the final disposal of the proceedings, on a day to day basis.
With the aforesaid direction writ petition is disposed of.
Order Date :- 28.11.2017 Pravin