Find Permanent Solution To Deal With Encroachment: Gauhati HC Orders State Govt

The Gauhati High Court recently ordered the state government to create a permanent mechanism to address the issue of encroachment on pasture land, catchment areas, ponds, rivers, lakes, public places, and burial grounds.

A division bench of chief justice Sandeep Mehta and justice Suman Shyam was hearing a PIL filed by Nasir Khan and six others alleging inaction of the authorities and the district administration in taking positive steps towards the removal of encroachments from the Guwahati kabarsthan (burial ground).

The bench stated that the court is frequently called upon to hear writ petitions known as PILs from across the state alleging encroachments on pasture land, catchment areas, ponds, rivers, lakes, public places, and burial grounds, among other things.

The bench further noted that the common thread in such petitions is that no steps are taken to remove the encroachments despite repeated complaints or representations to the relevant authorities.

“Thus, in order to provide a pan-Assam solution to this ever persisting problem, we hereby consider it appropriate to direct the chief secretary to the 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 or representations with regard to such encroachments to specially designated Public Land Protection Cell (for short, PLPC),” the division bench stated.

According to the bench, the district collector should serve as the head of the PLPC, which will only be established to address difficulties in rural regions, and it will work under his supervision.

The court stated that upon receiving complaints or representations of this sort, the PLPC would have these claims investigated by designating the relevant revenue officers in order to confirm the fact that encroachments have occurred.

“If the allegations are found to be substantiated, appropriate lawful steps for removal of the encroachments shall be taken against the trespassers. The complaints or representations received by the PLPC should be decided after objective consideration by passing a speaking order informing the respective complainant or representation maker about the action taken,” the order stated.