Court No. - 19
Case :- WRIT - C No. - 9211 of 2021 Petitioner :- Raj Kuamr Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Prakash Garg Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
The facts of this writ petition are perfect example how the various Gaon Sabha are working in careless and irresponsible manner. Section 15 of the Uttar Pradesh Panchayat Raj Act, 1947, provides powers, duties, functions and administration of Gram Panchayat. This provision provides as many as 50 duties/functions under 30 headings, which are required to be undertaken by Gaon Sabha. However, Pradhan, Up-Pradhan and members of Gaon Sabha are not only sleeping, but even not responding to the persons who are trying to awake them. Section 15(xiii)(c) of aforesaid Act specifically casts a duty on Gaon Sabha for 'removal of encroachment on public places'. However, the petitioner, whose father had approached the concerned authority for removal of encroachment, constructed over the pond, and was partially successful also, as, on 25.4.2015, an order was passed for cancelling patta over land of public use, is now compelled to approach this Court for implementation of the said order as according to him, encroachment over the said public land is not removed till date.
Counsel for Gaon Sabha has not been able to convey to this Court as to why said order is not implemented till date and what steps are taken by the Gaon Sabha for removal of other encroachment over the pond/public land of the village.
At this stage, it is relevant to mention the judgement passed by Supreme Court in Jagpal Singh and others vs. State of Punjab and others, (2011) 11 SCC 396, wherein every State is required to file affidavit at least once in a year to intimate the Supreme Court about the steps taken for removal of encroachment on public land by the Gaon Sabha and the State. The relevant observations and directions of the Court are reproduced as under:
"23. Before parting with this case we give directions to all the 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. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.
24. Let a copy of this order be sent to all Chief Secretaries of all States and Union Territories in India who will ensure strict and prompt compliance of this order and submit compliance reports to this Court from time to time.
25. Although we have dismissed this appeal, it shall be listed before this Court from time to time (on dates fixed by us), so that we can monitor implementation of our directions herein. List again before us on 3.5.2011 on which date all Chief Secretaries in India will submit their reports."
The Gaon Sabha appears to be in lethargic mood and they become active only at the time of elections, which is apparent from the way they take out their victory processions. It is high time that they should wake up from their "Kumbhkarn ki neend".
In view of above, this writ petition is disposed of with the direction to Gaon Sabha to take appropriate steps within three weeks to get the aforesaid order implemented. The petitioner has approached this Court seeking relief which was supposed to be executed by the Gaon Sabha by taking appropriate steps. However, Gaon Sabha is not conscious about its duties. Therefore, Gaon Sabha shall pay the cost of Rs. 2,000/- to petitioner by way of bank draft within 4 weeks from the date of production of copy of this order before it.
Gaon Sabha is at liberty to initiate proceedings under Section 67 of the Revenue Code, 2006, for removal of encroachment.
Order Date :- 30.9.2021 Shalini