State Must Expedite Resettlement of Landless Encroachers to Restore Public Lands Within Specified Timelines

The petitioner filed this Public Interest Litigation (PIL) alleging that land situated in Village Katridih (Thana No. 299, Khata No. 193, Plot No. 2329), belonging to the Government of Bihar, has been encroached upon by anti-social elements

The petitioner claimed that while some portions house a Government Hospital and Panchayat Bhawan, the encroachments have blocked water channels, causing crop damage during the rainy season

The state filed a counter-affidavit clarifying that the encroachers (private respondents 6 to 8) belong to the 'Nat' community and are landless

The state initiated "Abhiyan Basera-2," a scheme to settle landless persons by providing alternative land (Parcha) before removing them from the subject plot

1. Whether a Writ of Mandamus should be issued to direct the respondent authorities to remove encroachments from Plot No. 2329 and ensure the land is free for public use

2. Whether the state's ongoing rehabilitation process under "Abhiyan Basera-2" constitutes a valid procedural response to the alleged encroachment

The court's decision is grounded in the administrative directives of the "Abhiyan Basera-2" scheme, a state policy aimed at the settlement of landless persons (eligible residents) on alternative plots (Parcha) prior to eviction from government land

The court exercised its discretionary power under Article 226 of the Constitution of India to issue a Writ of Mandamus to expedite administrative actions when a state department has already committed to a specific course of remedial action in its pleadings

The Court analyzed the state’s counter-affidavit, which admitted that Plot No. 2329 was recorded as Gairmazarua Malik (Parti kadim) but was occupied by landless persons of the Nat community

The court noted that the state had already identified 14 eligible landless persons and initiated the settlement of alternative land (1.5 decimal each in Khata No. 442, Khesra No. 1481) via Record No. 01/2025-26

The court reasoned that since the state specifically committed to making Plot No. 2329 free from encroachment once the "Parcha" distribution under Abhiyan Basera-2 is completed, the most appropriate judicial intervention was to mandate a strict timeline for the completion of this existing administrative process

The Court held that the steps elucidated by the state—finishing the "Abhiyan Basera-2" survey and settlement—must be completed within three months from the date of the order