Allahabad High Court Orders Removal Of Encroachments From Public Roads And Land

In a significant ruling, the Allahabad High Court has ordered the immediate removal of encroachments from public roads and land across Uttar Pradesh.

The court emphasised that life without proper roads is akin to ‘living in hell’ and urged the state to adopt a zero-tolerance policy towards encroachment.

Justice Praveen Kumar Giri, presiding over a single-judge bench, stated that district officials, land management committees, and village heads failing to perform their duties must face both departmental and criminal proceedings.

The order came while disposing of a public interest litigation (PIL) filed by Munnilal alias Harisharan from Jhansi.

The High Court empowered citizens to initiate contempt proceedings against negligent gram pradhans and lekhpals who fail to act against encroachments on public land.

The bench highlighted that roads are essential for education, healthcare, the economy, and social dignity, and their obstruction causes severe hardship to communities.

The court further directed authorities to fine encroachers and, if required, initiate departmental and criminal actions against responsible officials. It also reaffirmed that pedestrians alone may use footpaths, prohibiting their use for commercial or private activities.

Strict Timeline for Compliance

The court instructed the District Magistrate of Jhansi to form a team led by the Sub-Divisional Magistrate to investigate the petitioner’s complaint within 90 days.

If officials earlier denied the existence of public land encroachment, authorities should take appropriate disciplinary action against them.

The court ordered all District Magistrates and Sub-Divisional Officers to initiate departmental proceedings against officials who fail to report encroachments to the tehsildar within 60 days of discovery.

Such failure, the court stated, would amount to misconduct under Rule 195 of the Uttar Pradesh Revenue Code Rules, 2016.

The High Court warned that disobeying its directives would amount to civil contempt. Police officers have been instructed to assist revenue officials in ensuring the peaceful removal of encroachments.

The court also directed departmental heads and commissioners to submit annual reports to the Chief Secretary on actions taken to remove encroachments and penalise negligent officers.

Through this judgment, the court reaffirmed the state’s duty to preserve public land and uphold citizens’ right to unobstructed mobility and civic infrastructure.

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