Public-land encroachments affecting village roads and drains must be removed expeditiously through due process.

The petitioner sought removal of encroachment from public land recorded as a village road (Sarva Sadharan Rasta) and a drainage channel (nala) in the name of the Bihar Government, alleging obstruction of access and drainage facilities for the villagers.

Earlier encroachment by Gowardhan Bind, Sobardhan Bind, Kishori Bind and Sukhu Bind over 4.5 decimals in Plot Nos. 140 and 173 had led to Encroachment Case No. 08/2012-13. In CWJC No. 3729 of 2015, the High Court directed its conclusion within three months; the encroachment was subsequently removed in 2016 and 2018, and contempt proceedings were disposed of on 7 August 2019 after compliance was recorded.

The petitioner alleged repeated re-encroachment. After receiving the writ petition, the Circle Officer initiated Encroachment Case No. 01 of 2024-25.

Enquiry and measurement disclosed encroachment by 13 persons over parts of Plot Nos. 140 and 173, recorded as a road, and Plot No. 175, recorded as a drainage channel.

Notices under Prapatra-I of the Bihar Public Land Encroachment Act, 1956 were issued, and an FIR under Section 223 of the Bharatiya Nyaya Sanhita, 2023 was registered against Gowardhan Bind, stated to be a repeated encroacher.

Whether the respondent authorities had failed to take effective steps for the complete removal of encroachment from the public road and drainage channel despite earlier proceedings and removal action?

Whether the authorities were required to proceed against the encroachers in accordance with due process under the Bihar Public Land Encroachment Act, 1956?

The Court applied the Bihar Public Land Encroachment Act, 1956, under which encroachment upon public land must be identified, notice must be issued to the alleged encroachers, and removal must follow the prescribed procedure.

The Court also recognised the obligation of public authorities to protect public roads and drainage channels from encroachment and to take effective administrative measures for their restoration.

Section 223 of the Bharatiya Nyaya Sanhita, 2023 was invoked by the authorities for registration of an FIR against a repeated encroacher.

The Court found that the earlier removal of encroachment had not resolved the matter because re-encroachment had occurred and Plot No. 175, used as a drainage channel, had also been encroached upon.

The fresh measurement identifying 13 encroachers, the declaration that the land was public land, and issuance of statutory notices demonstrated that the authorities had commenced proceedings, but the encroachment had not yet been completely removed.

Accordingly, while directing adherence to the statutory procedure, the Court emphasised that the authorities must take positive and expeditious steps to restore the public road and drainage channel.

It directed the concerned authorities to take all positive and expeditious steps for removal of the encroachment after following the due process prescribed under the Bihar Public Land Encroachment Act, 1956.

The writ petition was disposed of on those terms, and any pending interlocutory applications were also disposed of.