Prayagraj, Oct 14 – The Allahabad High Court has issued a stringent directive, mandating the removal of all encroachments on public and public utility land across Uttar Pradesh within a strict 90-day timeframe. Emphasizing accountability, the court also ordered the initiation of departmental and criminal proceedings against any officials found derelict in their duty.
Justice PK Giri’s bench explicitly stated that the failure of village pradhans, lekhpals, and revenue officers to report or clear encroachments from gram sabha land would be considered a criminal breach of trust, laying the groundwork for severe legal action.
This sweeping order, delivered on October 6, stems from a Public Interest Litigation (PIL) filed by Manoj Kumar Singh. Singh’s petition highlighted a specific instance in Chauka village, Chunar, Mirzapur, where a pond was reportedly encroached upon by residents, with local authorities allegedly failing to act despite formal complaints.
Underscoring the critical importance of water resources, the court declared that no encroachment on water reservoirs would be tolerated. It stipulated that such encroachments must be cleared “as early as possible,” accompanied by “heavy penalty, cost and punishment.” The judgment passionately quoted, “JAL HI JIVAN HAI,” translating to ‘Water is life,’ stressing that the very existence of life hinges on water, which “must be saved at any cost.”
Justice Giri further elaborated that given the Land Management Committee’s responsibility for safeguarding village public land, any inaction by its members, including the pradhan and lekhpal, would be construed as a criminal breach of trust under Section 316 of the recently enacted Bharatiya Nyay Sanhita, 2023. This also opens the door for charges of abetment and conspiracy, with the judge explicitly ordering the commencement of criminal proceedings under the BNS against such negligent officials.
Referring to gram sabha land as “entrusted property,” the High Court characterized its encroachment as a dishonest misuse of public trust. To facilitate the widespread removal drive, the bench specifically instructed police authorities to provide their complete cooperation.
Furthermore, the court emphasized the rights of informants, stipulating that any individual reporting an encroachment must be accorded an opportunity to be heard at every stage of the process. The judgment concluded with a stern warning: should encroachments persist or the court’s order remain unimplemented, defaulting officials face the prospect of civil contempt proceedings initiated directly in the High Court.
