Rajasthan High Court Refuses To Halt Bulldozing Of Alleged Encroachment Over Catchment Area Of Ummed Sagar Dam

The Rajasthan High Court has refused to halt the bulldozer action initiated by the authorities on alleged encroachments over the catchment area of the Ummed Sagar Dam.

The Court was considering a Writ Petition seeking quashing of order passed by the Vigilance Committee Jodhpur.

The Bench of Justice Sunil Beniwal observed, "It is true that no document has been placed on record to suggest that any of the petitioners possess title over the land in question. It is also not disputed that the land falling in Khasra No. 5 of Chopasni Jagir is owned by the P.H.E.D. Department and forms part of the catchment area of the Ummed Sagar Dam. The Hon’ble Supreme Court as well as this Court, in numerous cases, have held that possession over land forming part of a water body cannot be regularised. The petitioners are, undisputedly, encroachers and, therefore, no indulgence can be granted by this Court. In the absence of any proof of title, the petitioners have no case for seeking relief under this Court’s extraordinary writ jurisdiction."

The Petitioner was represented by Advocate C.S. Kotwani, while the Respondent was represented by Additional Advocate General Rajesh Panwar.

Facts of the Case

The Petitioners, who were residing on Khasra No. 5, situated at Chopasni Jagir, have constructed kacha-pakka houses and have been living there for the past 15 to 20 years. They possess electricity connections, Aadhaar Cards, Ration Cards, and Voter ID Cards. A complaint was submitted to the District Vigilance Committee, alleging, inter alia, certain encroachments over the catchment area of the Ummed Sagar Dam. Consequently, the Committee decided to remove the Petitioners from the area in question, treating them as encroachers.

Counsel for the Petitioners submitted that the Petitioners have been in occupation of the land in question for the past 15–20 years, during which time they constructed residential houses and obtained electricity connections. It was averred that they also hold Aadhaar Cards, Ration Cards, and Voter ID Cards, which reflect their possession of the land in question. He further submitted that the Respondents, without adhering to the required legal procedure, have proceeded to dispossess the Petitioners by deploying bulldozers, JCBs, etc. and the action is highly arbitrary and unjust. It was his contention that the Petitioners, having established dwelling houses, cannot be abruptly dispossessed without following due process of law and without being afforded an opportunity of hearing.

On the other hand, the Additional Advocate General submitted that the Petitioners do not possess any title document that would entitle them to relief from this Court under its extraordinary jurisdiction under Article 226 of the Constitution of India. It was further submitted that the Petitioners are encroachers occupying land that forms part of a water body and no encroacher, it was argued, can be permitted to reside on Government land, especially land classified as a water body. He also submitted that merely having an electricity connection or any other residential proof does not confer title, which the Petitioners admittedly do not possess.

Reasoning By Court

The Court accepted the submission of the Additional Advocate General and allowed the authorities to continue with the ongoing bulldozer action.

The Petition was accordingly dismissed.

Cause Title: Hari Ram & Ors. vs. State Of Rajasthan & Ors.

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