Allahabad High Court Orders Statewide Crackdown On Gram Sabha Land Encroachments; Directs Action Against Pradhans, Lekhpals & Tahsildars For Inaction

In its 24-page order, a bench of Justice Praveen Kumar Giri not only directed removal of encroachments over public land or land reserved for public utility purposes across the state within 90 days but also ordered departmental and criminal proceedings against officials who fail to act as per the law.

Pradhan & Lekhpal Are Custodians Of Public Property

At the outset, the Court underscored that land recorded as a 'pond (babali)' or other public utility land is held in trust by the Bhumi Prabandhak Samiti, constituted under Sections 28-A and 28-B of the UP Panchayat Raj Act, 1947.

It added that Section 67 of UP Revenue Code, 2006 read with Rules 66 and 67 of the UP Revenue Code Rules, 2016 provides for the prevention of damage, misappropriate and wrongful occupation of property belonging to Gram Panchayat and restore its possession after eviction.

The Court noted that the Pradhan, as Chairman, and the Lekhpal, as Secretary, are legally obligated to protect such property and to immediately inform the Tahsildar of any encroachment as per the UP-Revenue Code Rules, 2016.

Justice Giri stressed that that their failure to do so is not a mere administrative lapse but the same amounts to 'conspiracy as well as abetment' in the illegal occupation of public land.

"If no information or delayed information is given”, the Court said, “action shall be taken against the Chairman i.e., Village Pradhan and Secretary i.e., Lekhpal of the Bhumi Prabandhak Samiti as they are the custodian of the property".

The Court emphasized that Village Pradhan, being the Chairman of the Bhumi Prabandhak Samiti, can face proceedings under Section 95(1)(g)(iii) of the Panchayat Raj Act for failure to perform his duties.

In the case at hand, the Court noted that the villagers of had encroached upon a pond in Mirzapur and no action had been taken under Section 67 of 2006 Code for removal of the same. Following their inaction, the petitioner moved the HC.

"The encroachment upon water bodies such as ponds, lakes, and other natural reservoirs leads to grave ecological imbalance and environmental degradation. These water bodies are essential for maintaining groundwater levels, supporting biodiversity, and ensuring a sustainable ecosystem. Their illegal occupation or conversion for private or commercial use disrupts the natural water cycle, causes depletion of groundwater, pollution, and loss of aquatic habitats, thereby affecting the right of the public to a clean and healthy environment".

The Court further added that such acts not only cause hardship and distress to the community but also violate the citizens' Fundamental Right to Life guaranteed under Article 21. Furthermore, the bench added, such encroachments offend the principles of Article 14 as they create arbitrariness in the administration of natural resources meant for common use.

In strong words, the Bench reminded: "JAL HI JIVAN HAI i.e. “Water is life”, thus without water there is no existence of life of any creature on Earth so it must be saved at any cast".

Accordingly, the Court held that no encroachment is permissible on water reservoirs and that removal must be ensured "as early as possible with heavy penalty, cost and punishment".

Against this backdrop, the court opined that since the Bhumi Prabandhak Samiti is responsible for preserving Gram Sabha property, the inaction by its members, including the Pradhan and Lekhpal, would constitute a criminal breach of trust under Section 316 of the Bharatiya Nyay Sanhita, 2023, along with abetment and conspiracy charges.

The judgment elaborated that Gram Sabha land is 'entrusted property', and any failure to safeguard it, by not reporting encroachments or allowing wrongful occupation, amounts to dishonest misuse of public trust.

Justice Giri thus directed that criminal proceedings be initiated under the BNS for such failures.

Importantly, the Court prescribed strict timelines for accountability:

• Pradhan/Lekhpal: Must inform the Tahsildar within 60 days of any encroachment, through R.C. Form 19.
• Tahsildar: Must complete proceedings under Section 67 of the U.P. Revenue Code, 2006 within 90 days of issuing a show-cause notice (R.C. Form 20), ensuring not just an order but actual removal of encroachment and restoration of public land.
• If no valid reason is recorded for delay, it will amount to misconduct under Rule 195 of the Revenue Code Rules, 2016, inviting departmental action under the U.P. Government Servant (Discipline and Appeal) Rules, 1999.

The Court also clarified that mere pendency of an appeal against an order under Section 67 does not automatically stay eviction, in the absence of a specific stay order under Order XLI Rule 5 of the Civil Procedure Code.

Mandatory Departmental & Criminal Action

Justice Giri also directed thus:

• District Magistrates and Sub-Divisional Magistrates across Uttar Pradesh must initiate departmental proceedings treating such failures as misconduct under Rule 195 and Section 233(ix) of the U.P. Revenue Code.
• Criminal proceedings must simultaneously be initiated under Section 316 of the Bharatiya Nyay Sanhita for criminal breach of trust, conspiracy, and abetment.
• Pradhans failing to act must face removal under Section 95(1)(g)(iii) of the Panchayat Raj Act.

The Court further directed that if a Tahsildar or Tahsildar (Judicial) fails to conclude proceedings under Section 67 within 90 days and fails to record reasons for delay, disciplinary proceedings be initiated against them as well.

The Bench ordered the police authorities to provide full cooperation in removal of encroachments, ensuring the process is completed peacefully and without any hindrance.

It also directed that the informant (person who reports the encroachment) must be given an opportunity of hearing at every stage. If encroachments persist or the order is not implemented, civil contempt proceedings may be initiated in the High Court against defaulting officials, the bench said.

The Court also issued detailed, statewide directions for enforcement:

• All District Magistrates, SDMs, Tahsildars, and Tahsildars (Judicial) are to ensure removal of all encroachments on public land within 90 days.
• The Additional Chief Secretary (Revenue) and Principal Secretaries of all concerned departments must circulate this order to every district and revenue office in Uttar Pradesh.
• Annual reports on actions taken and encroachments removed must be submitted by all DMs and departmental heads to the State Government.
• If higher authorities ignore violations or fail to act against negligent subordinates, their role may be deemed as abetment or conspiracy.