Petitioners challenged encroachments on government land in Gamathwara Colony. The Court approved compliance reports confirming removal of encroachments by the State and disposed of the petition without further directions, directing vigilance for future encroachments.
Declaration of legality of encroachment removal; dismissal of further prayers.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 260/2019
Versus
----Respondents
For Petitioner(s) : Mr. Ganga Ram Bhari. For Respondent(s) : Ms. Rekha Borana, AAG.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/08/2021
On Application
The case comes upon an application for deleting the name of petitioner no. 3 Shafakat Bhai from the array of petitioners on account of his death on 27.02.2021.
(2 of 3)
[CW-260/2019]
For the reasons mentioned in the application, the same is allowed and the name of petitioner no. 3 Shafakat Bhai is deleted from the array of the petitioners. Amended cause title has already been filed and the same is taken on record.
On Writ Petition
Heard learned counsel for the parties.
The present Public Interest Litigation has been preferred with
the following reliefs:-
“ It is therefore, most humbly and respectfully prayed that:-
i) by an appropriate writ, order or direction the writ petition filed by the petitioners may kindly be allowed. ii) by an appropriate writ, order or direction, such an impugned action on the part of the respondent authorities in allowing such illegal encroachment to be made upon the land which forms part of 40 feet wide government way, public parks and other areas including public toilet situated in Gamathwara Colony, Sagwara, District Dungarpur may kindly be declared illegal and accordingly, the respondent authorities more particularly the respondent No. 4 may kindly be directed to remove such illegal encroachment made on the aforesaid government land reserved for the said purposes in the approved map/plan(Annx.2) forthwith. iii) by an appropriate writ, order or direction the respondent authorities may further kindly be directed to ensure that no such illegal encroachment will be made on the land in question reserved for the aforesaid purposes in the future as well. iv) by an appropriate writ, order or direction, an exemplary cost may also kindly be imposed upon the respondent authorities for not considering the problems of public at large and failure/inaction in removing such illegal encroachment made on the land of disputed government way, public parks and other areas including public toilet etc. and thereby not discharging their public duty for a long period. v) Any other appropriate order, which this Hon’ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.”
(3 of 3)
[CW-260/2019]
Learned counsel for the petitioners submits that despite repeated directions issued by this Court, the encroachments on the public land including parks and roads have not yet been removed.
Ms. Rekha Borana, learned AAG has submitted that as per the compliance report filed by the State from time to time, and in particular the compliance reports filed on 14th December, 2020 and 20th March, 2021, all the illegal encroachments made upon the public land including parks and roads and other areas situated in the Gamathwara Colony, Sagwara, District Dungarpur have been removed. She has also placed before us the latest photographs showing that the entire area has been made encroachment free.
We are satisfied with the compliance report filed by the State and the action taken for removing the illegal encroachments from the public land, including parks and roads. Thus, no further directions are required to be passed in the Public Interest Litigation.
We appreciate the work undertaken by the State Government, but at the same time, it is directed that the State will keep the same spirit for removing the encroachments, if any, in the other areas of the town of Dungarpur and remain vigilant that no further encroachments occur on the places from where the encroachments have been removed and other public parks and public roads within the domain of the State.
Accordingly, the present petition is disposed of.
(VINIT KUMAR MATHUR),J
(INDRAJIT MAHANTY),CJ
21-jayesh/-
2 issues framed by the court
Whether permissions granted for encroachments on government land must be quashed.
Whether an interim moratorium in Settlement Proceedings requires judicial intervention.
Dinesh Chandra
Abrar Hussain
State Of Rajasthan
District Collector, Dungarpur
Indrajit Mahanty
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
