Rekha Devi (West Champaran, Betiah) filed a case against the State of Bihar in the Patna High Court as CWJC No.3571 of 2023 for removal of encroachment from a public land. The writ application was filed as a Public Interest Litigation (PIL) seeking direction for removal of encroachments over alleged public lands. The Bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad passed the final order dismissed the writ petition on April 17, 2023.
The order referred to the Bihar Public Land Encroachment Act, 1956 which provides remedy for removal of encroachment from public lands. Section 4 of the Act allows an opportunity to the noticee (petitioner) to raise any defense which they could have raised if they were defendants in a properly framed suit for removal of encroachment. The Act also provides an opportunity of hearing under Section 5; as well as the consequences of non-appearance in the proceedings.
It is only after observing the above procedure that final order is to be passed by the Collector under Section 6 of the Act, either dropping the proceedings or passing orders for ensuring removal of encroachment, damages or otherwise. The order of the Collector for removing encroachment is also subject to appeal under Section 11 of the Act. Section 13 of the Act also provides an opportunity of review in case of any mistake or error in the course of any proceedings.
Notably, the Bihar Public Land Encroachment Act, 1956 was amended by the Bihar Public Land Encroachment (Amendment) Act, 2012. The amendment in Section 6 of the Bihar Public Land Encroachment Act, 1956 deleted (i) Clause (C) of Sub-Section-(1) of Section-6 of the 1956 Act. It substituted "(2) If any person does not comply with the orders passed by the Collector under this section, he shall be punishable with imprisonment for a term, which may extend to one year or with fine up to Rs. 20,000/-(twenty thousand) or with both" in place of (ii) Sub-section (2) of Section-6 of The Bihar Public Land Encroachment Act, 1956.
The order notes that the issue raised by the petitioner was essentially an issue falling within the scope and ambit of the Act. The writ petition, by way of a PIL, therefore, is misconceived. If the instant case were to be entertained as a PIL, then all issues of encroachment would be required to be dealt with by this Court as a PIL.
The Court observed that "We find that no public interest concerning any marginalised section/society has been espoused in the instant writ proceedings, so as to allow the petitioner to bypass the statutory remedy whereby and whereunder the alleged encroachers of the public lands would be dealt with in a fair procedure, and leave it open for the petitioner to pursue remedy in accordance with law." The order was authored by Justice Madhuresh Prasad.
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