Authorities must freshly demarcate disputed land after hearing affected parties before taking encroachment action.

The petitioners challenged show-cause notices issued by the Tehsildar (Nazul), Korba, alleging that the demarcation identifying encroachment had been conducted without giving them an opportunity to participate.

They maintained that their structures stood on their own land and sought fresh demarcation of their land and the Dadar Khurd drainage area before any demolition action.

The respondents alleged that the petitioners had constructed over the nala and defended the notices.

The Court also noted an earlier Division Bench order in WPPIL No. 23 of 2017 directing the State and Municipal Corporation to ensure the nala’s proper and unobstructed flow.

1. Whether fresh demarcation of the petitioners’ land and the drainage area was required before the authorities proceeded on the basis of the disputed demarcation.

2. Whether the petitioners and other interested parties were entitled to an opportunity of hearing before a determination of encroachment and any consequential action.

The Court identified no specific statute or precedent as governing the dispute.

It applied the principles of fair procedure and opportunity of hearing in directing a fresh demarcation, while recognising that any action against persons found to be encroachers must be taken strictly in accordance with law.

The earlier Division Bench direction in WPPIL No. 23 of 2017 required the authorities to ensure the nala’s proper and free flow of water.

The Court considered the dispute over the accuracy and fairness of the earlier demarcation alongside the public interest in maintaining the nala’s free flow, as recognised in the prior PIL order.

It directed a fresh demarcation covering both the petitioners’ land and the drainage area, with an opportunity of hearing for the petitioners and other interested parties. This would allow the authorities to determine whether encroachment existed before taking further action.

The authority must afford a hearing to the petitioners and other interested parties; if the petitioners are found to be encroachers, it may proceed strictly in accordance with law.