Collector Directed to Decide Representation Regarding Removal of Encroachments on Government, Temple, and School Land.

The petitioners filed a Public Interest Litigation (PIL) regarding alleged illegal encroachments and unauthorized constructions on Government land (Survey No. 770) located in Village Vilaua, Tehsil Dabra, District Gwalior.

The land is purportedly recorded in the name of Shri Kali Mata Ji Mandir and is partly intended for school purposes.

The petitioners alleged that the operation of a marriage garden and shops on this land causes noise pollution and disturbs the neighboring government school and students’ hostel.

A representation (Annexure P/5) was previously submitted to the Collector, Gwalior, on September 9, 2025, but remained pending.

1. Whether the respondent authorities are under a legal obligation to decide the pending representation regarding the removal of alleged encroachments on government and temple land.

2. Whether the court should exercise its writ jurisdiction to direct a time-bound inspection and adjudication by the revenue authorities to protect public interest.

The Court applied the principles of administrative law regarding the duty of public officials to consider representations and the doctrine of Public Interest Litigation (PIL) to protect public property and educational environments.

While no specific statute was cited, the Court relied on its inherent powers under Article 226 of the Constitution of India to direct the revenue authorities to perform their statutory duties under the M.P. Land Revenue Code to inspect and remove encroachments from government/public land.

The Court did not adjudicate on the merits of the encroachment claims but focused on the procedural failure of the executive to respond to the petitioners’ grievances.

It noted that since a representation was already pending before the Collector, Gwalior, it was appropriate for the statutory authority to first investigate the facts.

The Court reasoned that an inspection by a Revenue Officer was necessary to "dig out the truth" regarding the survey numbers and the nature of the structures.

By directing the Collector to decide the matter on its own merits, the Court balanced the need for judicial oversight with the administrative responsibility of the State to manage public land and maintain environmental norms around schools.

It directed the petitioners to submit a copy of the court order and their representation to the Collector, Gwalior.

The Collector was ordered to consider the representation, conduct an inspection through a Revenue Officer if required, and pass a reasoned order in accordance with the law within two months.

The Court emphasized that the decision should be made in view of the "overall public interest".