Court directs removal of illegal encroachments on ponds and public lands, holds Village Pradhan and Lekhpal accountable for dereliction of duty under Bharatiya Nyaya Sanhita, 2023
In a landmark judgment delivered on October 6, 2025, the Allahabad High Court took suo motu cognizance of the rampant encroachment on public utility lands, including ponds (locally known as babali), in the Mirzapur district of Uttar Pradesh. The Public Interest Litigation (PIL) filed by Manoj Kumar Singh highlighted illegal occupation of government lands recorded under Gata Nos. 48, 51, and 53 in Village Chauka, causing ecological imbalance and violation of public rights.
The Court underscored the critical importance of protecting public utility lands for environmental sustainability, referencing the fundamental right to a clean environment under Article 21 of the Constitution of India. It emphasized that encroachments on water reservoirs disrupt groundwater recharge, biodiversity, and the ecological balance, thereby infringing citizens' constitutional rights.
The judgment highlighted the statutory duties of the Bhumi Prabandhak Samiti - particularly the Village Pradhan (Chairman) and Lekhpal (Secretary) - as custodians of the Gram Panchayat property under the Uttar Pradesh Revenue Code, 2006, and the Uttar Pradesh Panchayat Raj Act, 1947. The Court noted that failure to report encroachments to the Tahsildar for initiating removal proceedings under Section 67 of the Revenue Code amounts to criminal breach of trust under Section 316 of the Bharatiya Nyaya Sanhita, 2023, including criminal conspiracy and abetment.
The Court directed the immediate initiation of proceedings against encroachers and erring officials, mandating that Tahsildars finalize eviction cases within 90 days as per the procedural mandates under the Revenue Code Rules, 2016. It also ordered departmental and criminal proceedings against Village Pradhans and Lekhpals who fail to fulfill their statutory obligations, including removal of Pradhan under Section 95(1)(g)(iii) of the Panchayat Raj Act for persistent neglect of duty.
Citing precedents such as Hinch Lal Tiwari v. Kamla Devi and Jitendra Singh v. Ministry of Environment, the Court reaffirmed the vital role of protecting village commons and water bodies to safeguard fundamental rights and ecological integrity. The judgment also mandated police cooperation to ensure peaceful execution of eviction orders.
The Court further directed the State Government's Chief Secretary and relevant departments to monitor compliance and submit periodic reports on removal of encroachments and disciplinary action against defaulting officials. It warned that civil contempt proceedings may be initiated for non-compliance with the Court's directives.
This ruling is expected to set a strong precedent in Uttar Pradesh and beyond for protecting public utility lands from encroachment and ensuring accountability of local authorities under the new Bharatiya Nyaya Sanhita, 2023.
Bottom Line:
Public utility land, such as ponds and other common resources, are vital for environmental sustainability and public welfare. Encroachment on such lands violates public rights and fundamental environmental principles and must be addressed with strict legal actions.
Statutory provision(s):
Uttar Pradesh Revenue Code, 2006 Section 67, Uttar Pradesh Revenue Code Rules, 2016 Rules 56, 66, 67, 195; Uttar Pradesh Panchayat Raj Act, 1947 Sections 28, 28A, 28B, 34, 59, 60, 61, 95(1)(g)(iii); Bharatiya Nyaya Sanhita, 2023 Section 316; Constitution of India Article 21; Code of Civil Procedure, 1908 Order XLI Rule 5
Manoj Kumar Singh v. State of U.P., (Allahabad) : Law Finder Doc Id # 2797704
