Allahabad High Court Orders Statewide Clearance of Encroachments on Public Land Within 90 Days, Warns Officials of Criminal Action for Inaction

 By Rajesh Pandey

In a landmark directive aimed at restoring and protecting public land, the Allahabad High Court has ordered the removal of all encroachments from public and utility lands across Uttar Pradesh within 90 days.

The court’s sweeping order also mandates departmental and criminal proceedings against officials who fail to act against such illegal occupations, warning that negligence or inaction will be treated as a criminal breach of trust.

The order was passed by Justice Pramod Kumar Giri while hearing a Public Interest Litigation (PIL) filed by Manoj Kumar Singh, who alleged that a pond in village Chauka, Chunar (Mirzapur district) had been illegally encroached upon, and that local authorities had failed to intervene despite repeated complaints.

 Key Court Directions

Justice Giri’s order leaves no ambiguity regarding accountability and enforcement:

• Encroachments on public lands, ponds, and water bodies must be cleared within 90 days of the order’s issuance.
• Departmental action and criminal prosecution are to be initiated against any Pradhan, Lekhpal, or revenue officer who neglects to report or remove such encroachments.
• The court held that inaction or complicity by village land management committee members amounts to a “criminal breach of trust” under Section 316 of the Bharatiya Nyay Sanhita (BNS), 2023, along with applicable abetment and conspiracy provisions.
• The police have been directed to cooperate fully with revenue officials to ensure peaceful and unhindered removal of encroachments.
• The informant or complainant must be given a right to be heard at all stages of the proceedings.
• The court warned that if orders are not implemented in time, civil contempt proceedings may be initiated against defaulting officials.

 “Jal Hi Jivan Hai”: The Court’s Environmental Emphasis

In a strong environmental observation, the bench underscored that “Jal Hi Jivan Hai” — Water is Life, and that protecting natural water bodies is fundamental to sustaining life on Earth.

The judgment categorically stated that no encroachment is permissible on ponds, lakes, or reservoirs, and violators must face heavy penalties, costs, and punishment for their actions.

Justice Giri observed: Without water, there is no existence of life of any creature on Earth — it must therefore be saved at any cost.”

 Gram Sabha Land as a Public Trust

The court clarified that Gram Sabha land is an “entrusted property”, held in trust for public benefit.

Any failure to preserve or protect such land — whether by omission or deliberate inaction — amounts to dishonest misuse of public trust.

The order emphasized that land management committees in villages bear a legal and moral duty to safeguard community assets, including ponds, grazing lands, and common spaces.

 Implications of the Ruling

The order serves as a statewide directive for district magistrates, tehsildars, and police officers to act decisively against illegal occupations, which have long plagued Uttar Pradesh’s rural governance.

The High Court’s invocation of criminal liability marks a significant shift from administrative negligence to legal accountability.

Failure to comply within the stipulated 90-day period will not only invite contempt action but may also trigger personal liability for officials, signaling a new era of judicial strictness on the issue of land encroachment.

#AllahabadHighCourt #PublicLandProtection #GramSabhaLand #EncroachmentRemoval #WaterIsLife #JalHiJivanHai #EnvironmentalJustice #BharatiyaNyaySanhita #JudicialAccountability #RuleOfLaw #UttarPradeshLandReform #LegalAction #HighCourtDirective #PublicInterestLitigation #JusticePrevails