Allahabad HC said that the Public land in U.P. is most vulnerable to encroachment

Case: Yash Pal Singh v. State of U.P. And 8 others

Citation: PIL No.-1780 of 2020 

Coram: Hon’ble Justice Ajay Bhanot

In a noteworthy observation, on 07 January, the Allahabad High Court stated that public land in the State of U.P. is most vulnerable to encroachment, and the legislature does not countenance such encroachment over such public property.

The Bench of Justice Ajay Bhanot also observed that the Uttar Pradesh Revenue Code, 2006, is the response of the legislature to resolve the endemic issue of encroachment of public lands, he further said

“In the event that the statutory authorities do not discharge their statutory functions in a timely manner, the purpose of legislative intent will be defeated.”

FACTS OF THE CASE

The counsel for the petitioner contended that the petitioner had intimated the competent authority about the encroachment of public land; however, the competent authority failed to discharge the statutory obligations under Section 67(2) of the Uttar Pradesh Revenue Code, 2006.

It was argued that the proceedings were pending for an unnecessarily long period of time, without good reasons, because the statutory mandate had not been enforced by the authorities.

It was also stated that some of the respondents were emboldened to continue the encroachment with a sense of impunity because of apathy and failure.

ORDER OF THE COURT

 Underlining that encroachment of public lands causes irreversible damage to the public interest and that the courts have also resisted such encroachment, the Bench noted, 

“The officials charged with the duty, to investigate and clear such encroachment, are under an obligation of law to proceed with dispatch, efficiency and in conformity with the provisions of the statute while dealing with issues relating to encroachment over public lands.”

At Last, the Standing Counsel was directed to obtain instructions from the competent authority “as to why the said authority has been prima facie negligent in the performance of its statutory duties.”The case has been posted for further hearing on 05^th February 2021.