The Chhattisgarh High Court disposed of a Public Interest Litigation (PIL) direction to respondent authority for removing the encroachers from the Government land of village Chhatauna.
Akhat Kumar Yadav, Counsel for the petitioner submits that petitioner filed this petition due to inaction on part of the State authorities over the land which has been encroached by the private respondent No.8 and the land is completely belongs to Gram Panchayat Chhatouna under the revenue Division of Takhatpur of Bilaspur Distt. The petitioner being a social activist, has raised his voice against respondent No.8 before the competent authorities, but the State authorities, without taking proper adjudication, have allotted the public land (grass land and small bush land and the stone quarry) to the private parties against the violation of Chhattisgarh Land Revenue laws. The respondent No.8 has illegally encroached the government Land of Gram Panchayat Chhatouna. The petitioner has raised his objection with oral and written submission before the respondent authorities, but till date there is no substantial action against the encroachers by the State authorities.
The Counsel for the State pointed out that an affidavit has been filed by the Secretary, Department of Revenue in compliance with an order dated 18.7.2023 passed by the High Court, which is on record. Encroachment as alleged by the petitioner , the land situated on Khasra belongs to one , which is evident from the present land record B1 and Khasra. As far as other Khasra are concerned, at present there is no encroachment over it. Other land in question has been recorded as Stone quarry spread over area of 6.70 acres at village Chhatuouna and as per the present land record, one part of the land of area 1.58 acre has been allotted under exchange scheme by which revenue proceedings was initiated and order was passed by Additional Collector. So far as other khasra is concerned, it was found that at present total 278 encroachers had encroached upon the government land bearing Khasra No.602/1 and proceedings under Section 248 of the Chhattisgarh Land Revenue Code had been initiated against those encroachers.
From perusal of the above mentioned affidavit, the Division Bench of Chief Justice Ramesh Sinha and Justice NK Chandravanshi noted that some building materials were found on the disputed land and proceedings under Section 248 of the Code has been initiated and penalty of Rs.500/- has also been imposed under the above said section. Said encroachment, i.e. material for construction of the road, has been removed by respondent No.8 and they also built a concrete road for the convenience of the villagers. It was further pointed out by counsel for the State that no such encroachment has been made by respondent No.8 on the portion of disputed Khasra , whereas, proceedings under Section 248 of the Code has been initiated against 278 encroachers, who have encroached the said land.
Considering the said facts, proceedings which have been initiated against the encroachers, as has been pointed out in the affidavit filed by the Secretary, Department of Revenue, the same should be removed in accordance with law, after giving opportunity of hearing to the parties , the Court directed.