Citation : 2021 Latest Caselaw 2218 MP
Judgement Date : 9 June, 2021
THE HIGH COURT OF MADHYA PRADESH
WRIT PETITION No. 7865 / 2021 (PIL)
GRAM PANCHAYAT DHOOMA Vs. STATE OF M.P.
JABALPUR, Dated : 09/06/2021
Heard through video conferencing.
Mr. Shitala Prasad Tripathi, learned counsel for the petitioner.
Mr. Brahmadatt Singh, learned Government Advocate for the
respondent - State.
Arguments heard.
Order passed separately, signed and dated.
(MOHAMMAD RAFIQ) (SUJOY PAUL)
CHIEF JUSTICE JUDGE
KR
HIGH COURT OF MADHYA PRADESH
D.B.: HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CJ AND
HON'BLE MR. JUSTICE SUJOY PAUL, J
WRIT PETITION No. 7865 / 2021 (PIL)
GRAM PANCHAYAT DHOOMA Vs. STATE OF M.P.
WRIT PETITION No. 8517 / 2021 (PIL)
RAGHVENDRA PRATAP SINGH Vs. STATE OF M.P.
*****
Presence : Mr. Shitala Prasad Tripathi, Advocate for the petitioner and Mr. Brahmadatt Singh, Government Advocate for the State in W.P.No. 7865/2021.
Mr. Kamal Bhan Vishwakarma, Advocate for the petitioner and Mr. Ashish Anand Bernard, Dy. Advocate General for the State in W.P.No. 8517/2021.
Whether approved for reporting : YES Law laid down : These two petitions by way of Public Interest Litigation have been filed against the encroachment over the Government land.
The High Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the 'nistar land' / 'charnoi' / 'gocher' / 'pasture land' / land of 'pond', 'talab'/ 'river' / 'river bed' / 'public way' / 'shamshan' / 'kabristan' etc.
In order to provide a state wide solution to this ever persisting problem, the Chief Secretary of the State was directed to devise a permanent body designated as Public Land Protection Cell with District Collector as its Chairman and officer of the Rank of Tehsildar as its Member Secretary and such other Officers as its Members, as the Government may deem fit to nominate. The PLPC shall get the complaints about encroachment over above referred lands and take necessary action for removal thereof in the light of the Supreme Court judgment in Jagpal Singh (supra).
Significant paragraph numbers : 2 and 5 to 8.
(MOHAMMAD RAFIQ) (SUJOY PAUL)
CHIEF JUSTICE JUDGE
KR
Digitally signed by KAMAL RATHORE Date: 2021.06.11 16:12:48 +05'30'
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