Guwahati, June 2: The Gauhati High Court has asked the Assam government to issue notification for formation of public land protection cells (PLPCs) in each district to deal with complaints relating to encroachments on government land.
The order was passed after the petitioners had filed a public interest litigation (PIL) alleging illegal encroachment by some persons on government land in a village of Nagaon district which was in possession of the water resources department since 1955-56.
The petitioners asserted in the writ petition that before approaching the court, numerous complaints were filed in connection with illegal encroachment but to no avail.
Subsequently the petitioners were compelled to approach the court by way of the petition seeking issuance of a writ of mandamus directing the respondent authorities to take appropriate action against the illegal occupants on government land and to demolish structures raised on the plot.
The court noted that the PIL involved multiple issues of facts the adjudication of which would not be possible without proper evidence. It also noted that in another PIL filed in 2018, the court on March 2, 2023, directed the Assam chief secretary to devise a permanent mechanism to deal with such complaints pertaining to encroachments.
The court further stated that the Advocate General, Assam should take up the matter with the concerned authority for establishing a similar grievance redressal mechanism in the municipal areas as well.
However, the Advocate General submitted that the earlier order passed in March could not be communicated to the authorities and thus, till date, notification for constituting the public land protection cells has not been issued.
Subsequently, the court directed that the copy of the order be provided to the Advocate General, who has been asked to instruct the state authorities to issue the requisite notification for formation of PLPCs in each district.
On May 24, the state had informed the court that the process for putting in place the mechanism of constituting the PLPCs in all the districts has been initiated. The Advocate General thereafter sought three weeks time to finalise and place the modalities on record.
