Devise permanent mechanism to solve encroachment problem: Gauhati High Court

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed the Chief Secretary, Government of Assam, to devise a permanent mechanism to be operational in every district of the State where the District Collector of the district will periodically notify the general public to lodge the complaints/representations with regard to encroachments to specially designated Public Land Protection Cell (PLPC).

A division bench of Gauhati High Court was hearing a Public Interest Litigation (PIL/28/2018) filed against the inaction of the State authorities and the district administration in taking positive steps towards the removal of encroachments from the Guwahati Kabarsthan. Various documents were filed by the petitioner in support of the assertions made in the petition. The petitioner further alleged that the functioning of the Athgaon Kabarsthan Committee was fraught with fraud, irregularities, lack of action against the encroachers and that the Committee had totally failed to drive away the anti-social elements indulging in illegal trade within the precincts of the Kabarsthan. Various shops and establishments have been set up inside the Kabarsthan without licence or permits and without any authority of law. Owing to the laxity of the police and the Municipal authorities, the Kabarsthan has become a den of anti-social elements and a place favoured by drug traffickers and bootleggers.

The petitioner had arraigned the Chief Secretary to the Government of Assam, the Commissioner, Guwahati Municipal Corporation and the Commissioner of Police, Guwahati City, amongst various government functionaries. About 25 private individuals were impleaded on November 20, 2018, alleging that they are operating illegal shops inside the premises of the Kabarsthan and thereby, encroaching upon the space earmarked for dignified burial of the dead.

The private respondents filed affidavits-in-opposition alleging that they are operating shops in the Kabarsthan upon being authorized by the Kabarsthan Committee under a valid sanction of law and they are paying rent thereof. Thus, they cannot be branded as encroachers. The petitioner argued that the Kabarsthan Committee has no jurisdiction to rent out any space from the Kabarsthan or to grant licenses for operating shops. He further said that apart from the shops, various other encroachments are existing on the land of the Kabarsthan and hence, an affirmative direction is required to be given to the district administration and the police authorities to conduct a drive for removing encroachments from the Kabarsthan.

The government authorities told the court that they were keen and ready to take appropriate steps for action against encroachers as and when required.

While considering the PIL, the Bench observed that factual matrix of the case at hand involves seriously disputed questions of facts as to whether or not, the private respondents are holding possession on the land of Kabarsthan upon being duly authorized by a lawfully-constituted Committee. Before closing the writ petition, the court directed the Kabarsthan Committee to submit its affidavit in reply to the writ petition on the next date of hearing.

The Bench also observed that the High Court is often called upon to entertain petitions styled as Public Interest Litigation (PIL) from across the State with the allegations of encroachments over pasture land, catchment areas, ponds, rivers, lakes, public places, burial grounds etc. In all such petitions, it is a common factor that despite repeated complaints/ representations to the authorities concerned, no steps are taken to remove the encroachments.

Thus, in order to provide a pan-Assam solution to this problem, the High Court directed the Chief Secretary, Government of Assam, to devise a permanent mechanism to be operational in every district of the State where the District Collector of the district would be required to periodically notify the general public to lodge the complaints/representations with regard to such encroachments to specially designated Public Land Protection Cell (PLPC). The PLPC to be constituted only for looking after issues of rural areas, should be headed by the District Collector and shall function under his direction and supervision.

Upon complaints/ representations of this nature being received, the PLPC will inquire into the allegations by deputing the Revenue Officers concerned so as to verify the factum of encroachments having taken place. “If the allegations are found to be substantiated, appropriate lawful steps for removal of the encroachments shall be taken against the trespassers. The complaints/representations received by the PLPC should be decided after objective consideration by passing a speaking order informing the respective complainant/representation maker about the action taken,” stated the court order.

The court directed the Advocate General, Assam to take up the matter with the authority concerned for establishing a similar grievance redressal mechanism in the municipal areas as well.

“This would obviate the necessity of the persons aggrieved approaching the Court directly by way of Public Interest Litigation Needless to say that action to be taken by the PLPC shall keep into account the pleas of the alleged encroachers and would not take a one-sided action,” the order further stated.

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