Eviction of Encroachers of Village Community Lands

Hon'ble Supreme Court Directive

 

 The Hon'ble Supreme Court Bench, Justices Markandey Katju and Gyan Sudha Misra,in Civil Appeal No.1132/2011 and SLP ( C ) No.3109/2011  in their Order dated 28 th January 2011  declared transfer of village community land for private and commercial use as illegal and directed the States to take immediate steps to evict encroachers.  

 The Supreme Court Bench directed all the State Governments that they should  prepare schemes for eviction of illegal / unauthorized occupants of village community lands- Gram Sabha / Gram Panchayat / Porambok / Shamlat -and restore them back to the Gram Sabha / Gram Panchayat for the purpose they were originally meant for.

 The Supreme Court Bench also directed the Chief Secretaries of all State Governments in the country to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for speedy eviction of such illegal occupant, after giving a show cause notice and brief hearing. The Supreme Court Bench further directed that long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession.

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