- (1.) HEARD learned counsel for the parties.
(2.) THE controversy relates to encroachment over the public land and seems to be settled by judgment of this Court reported in [2009 (108) RD 481]: Panna Lal and others. Vs. District Magistrate, Gautam Budh Nagar. In the case of Panna Lal (supra), while adjudicating the identical controversy with regard to encroachment on public way, it has been held as under: "6. It is being noticed by the Court that in a large number of cases, encroachments on Chakroads, Drains and other public utility lands are being reported. Now-a-days, it has become a regular feature in the Villages of Uttar Pradesh that the interested powerful villagers and the anti-social elements encroach upon the Chakroads, Drains and Public utility lands etc. In carrying out encroachments on Chakroads, Drains and Public utility lands, the villagers and anti-social elements are taking law in their hands. Due to encroachments on Chakroads, it has become difficult for two vehicles, Bullock-carts or two Tractors to pass through the Chakroads. A large number of Chakroads have been encroached by the erring Villagers in the State of Uttar Pradesh. Day by day, the fields of the powerful and influential villagers are eating the width and length of the Chakroads. The situation in the rural India has become alarming and as such Survey operations are urgently required in the villages to demarcate the Chakroads in order to save the Chakroads, Drains and other Public utility lands etc. meant to be protected for rural population including farmers. 7. In these circumstances, the Principal Secretary to Government of U.P., Revenue Department, State of U.P., is hereby directed to issue necessary directions to all the District Magistrates of the State of Uttar Pradesh to ensure that the encroachments on Chakroads, Drains and other Public utility lands etc. are removed immediately after Survey and regular spot inspection by the Revenue authorities. The District Magistrates of the Districts shall direct the Sub-Divisional Magistrates or the Assistant Collectors to act instantly on receiving the complaints regarding encroachments on Chakroads, Drains and Public utility lands etc. and remove the encroachments on Chakroads, Drains and Public utility lands etc. immediately by making spot inspections and after going through the relevant records. The District Magistrates shall also direct the Sub-Divisional Magistrates and Assistant Collectors to decide the disputes/complaints regarding encroachments within a months from the date of receipt of such applications/complaints from any corner and take stringent and strict action with the help of the Police to remove the encroachments. The Sub-Divisional Magistrates and the Assistant Collectors shall also make necessary and effective arrangements to stop future encroachments on Chakroads, Drains and Public utility lands by keeping constant vigil. 8. The District Magistrates shall also direct the Sub-Divisional Magistrates and the Assistant Collectors of the Districts that whenever any such complaint is brought to the notice of the concerned Sub-Divisional Magistrate or the Assistant Collector, the concerned Sub-Divisional Magistrate or the Assistant Collector shall take immediate steps in compliance of this Court's order, failing which the concerned Sub-Divisional Magistrate or the Assistant Collector shall be held responsible. 9. With the above observations and directions, the writ petition is dismissed. 10. Office is directed to send a copy of this judgment and order to the Principal Secretary to Government of U.P., Revenue Department, State of U.P. to issue necessary directions/orders to all the District Magistrates of the State of Uttar Pradesh for strict compliance of the judgment and order passed by the Court today." We dispose of the writ petition also in terms of the aforesaid judgment of this Court. The authorities to proceed accordingly.
(3.) THE writ petition is finally disposed of.;