The Allahabad High Court has directed the District Magistrate of Prayagraj to investigate the role of revenue officials in the case of illegal encroachment on the land of Madhopur Chandhan @ Ghatampur village of Soraon tehsil of Prayagraj.
A single-judge bench of Justice Ashutosh Srivastava passed this order while hearing a PIL filed by Sunil Kumar.
The Public Interest Litigation (PIL) has been filed, seeking issuance of direction to the respondent to act upon the orders dated 02.05.2024, 06.07.2024 and 27.07.2024, passed by the Sub Divisional Officer, Tehsil Soraon, District Prayagraj, and to remove illegal encroachments/ construction admeasuring 0.550 Hectares, situate at Village Madhopur Chandan @ Ghatampur, Prayagraj within a stipulated period of one month.
A further prayer to initiate an inquiry and punish the revenue officers, Tehsildar, Revenue Inspector and Lekhpal, to have deliberately withheld the compliance and execution of the aforesaid orders, passed by the Sub Divisional Officer, despite having full knowledge and to recover the amount of damages caused to the Gaon Sabha Land from their salary as well as initiate disciplinary proceedings against the respondent nos 4 to 6 by taking resort to Section 71 of the UP Revenue Code, 2006, has also been prayed for.
Nand Lal Maurya, Standing Counsel, submits that instructions have been received, which are taken on record.
As per instructions it is contended that the proceedings under Section 67 of the UP Revenue Code, 2006, have already been initiated against the encroachers by registering a case, Gaon Sabha vs Rampoojan, in which the next date for hearing has already been fixed as 24th September, 2024.
He submitted that since proceedings have already been initiated the writ PIL may be disposed of with a direction to conclude the proceedings as contemplated under the Revenue Code.
Having heard counsel for the parties and having perused the records of the writ PIL, it is borne out that this is a case in which encroachment appears to have been deliberately not prevented and when the issue in this writ PIL was raised proceedings under Section 67 has been resorted to against the encroachers, the Court observed.
The Court noted that,
Vibhu Rai, counsel for the petitioner, has invited the attention of the Court to an order dated 27th July, 2024, passed by the Sub Divisional Officer, Soraon, Prayagraj, apprising the said authority of the earlier orders dated 02.05.2024, 06.07.2024 and 27.07.2024 regarding the encroachments made by the certain persons over Gram Sabha land contained, recorded as Naveen Parti.
From the contents of the order it is further borne out that the orders were issued to the Revenue Authorities to stop the encroachment which was underway and even assistance of the Police was also ordered to facilitate stoppage of the encroachment. However, despite specific orders having been passed the encroachment was not prevented and constructions were permitted to be raised. The above aspect certainly calls for a detailed enquiry into the matter.
The pending consideration of the PIL and also taking note of the fact that the proceedings under Section 67 of the U.P Revenue Code, 2006 have been initiated, the Court deemed it appropriate to direct the District Magistrate, Prayagraj, to enquire into the matter of serious lapses done by the Tehsildar, Revenue Inspector and Lekhpal concerned.
“The District Magistrate, Prayagraj, shall hold an appropriate enquiry and submit a report to the Court within one month. It is made clear that the case instituted under Section 67 of the U.P Revenue Code, 2006 may not be stalled and may go on and proceed in accordance with law.
Meanwhile if further construction is being raised the respondents are directed to prevent any further constructions being raised over the Gata No 727 area 0.550 Hectares,” the order reads.
The Court has fixed the next hearing of the petition on October 15, 2024.
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