Court directs public notification and removal of illegal encroachments on riverbeds and catchment areas in five tehsils, empowering authorities to initiate criminal proceedings if necessary.
In a significant suo motu judgment dated August 13, 2026, the Rajasthan High Court (Division Bench, Jaipur Bench) has taken stringent measures to curb encroachments on government land, riverbeds, and catchment areas, emphasizing the protection of natural water resources and the rule of law.
The case arose from the identification of a large number of encroachments in five tehsils-Andhi, Jamwa Ramgarh, Amer, Shahpura, and Viratnagar-where government lands including riverbeds, drains, and catchment areas flowing towards Ramgarh dam have been unlawfully occupied and cultivated by various individuals. The court noted that some encroachments had altered natural drainage patterns by filling up drains, which could have severe environmental consequences.
The court directed the State Government and its authorities to take immediate and effective action to remove these encroachments. Recognizing the logistical difficulties in serving individual notices under Section 91 of the Land Revenue Act, 1956 and Section 72 of the Jaipur Development Authority Act, 1982, the court ordered that the names of all encroachers, as compiled in the affidavit submitted by the District Collector, be published through general notifications in two widely circulated Hindi newspapers-Rajasthan Patrika and Dainik Bhaskar. This measure ensures that all alleged encroachers receive proper notice and cannot claim ignorance of the proceedings.
The High Court mandated that the encroachers be given a minimum of 15 days to voluntarily remove their illegal possessions. Should they fail to do so, the State authorities are authorized to proceed with removal, with all costs incurred to be recovered from the encroachers. The court further made it clear that in cases of resistance or large-scale encroachments, the State could seek police assistance and initiate criminal prosecutions for trespassing on government property, reinforcing that the rule of law must be upheld.
In addition, the court encouraged active public participation in the enforcement process. It invited citizens, journalists, and media personnel to report any new encroachments to the District Collector, Jaipur. The court recognized the media's role as the "eyes and ears of the public" and called for their cooperation in safeguarding public lands and natural water resources.
The court's proactive approach underscores the importance of preserving ecological balance by protecting water bodies and government land from unauthorized occupation. The next hearing in the matter is scheduled for September 15, 2026, where compliance with these directions will be reviewed.
This judgment serves as a stern warning to encroachers and sets a precedent for other states to adopt similar measures to protect natural resources and uphold public property rights.
Bottom Line:
Encroachments on government land, riverbeds, and catchment areas are to be removed through strict legal action, including public notification and potential criminal proceedings, to maintain rule of law and protect natural water resources.
Statutory provision(s):
Land Revenue Act, 1956 Section 91, Jaipur Development Authority Act, 1982 Section 72
Suo Motu v. State of Rajasthan, (Rajasthan)(DB)(Jaipur Bench) : Law Finder Doc Id # 2971272
