Bombay High Court Directs Nanded Collector to Expedite Inquiry on Gurudwara Land Encroachments
The Bombay High Court's Aurangabad bench has issued a stern directive to the Nanded district collector, mandating the appointment of a specific officer to conduct and finalize an inquiry into the removal of encroachments from a 153-acre government land parcel. This land was granted to the Nanded Gurudwara as Pattedar, a form of direct ownership under government records. The court has set a strict deadline of six months for the completion of this process, emphasizing that delaying tactics will not be tolerated.
Background of the Land Dispute
The case revolves around a prime piece of land in Nanded, which was allocated to the Gurudwara in 1954 as Pattedar. Pattedar land refers to agricultural or private property where an individual or organization holds direct ownership rights, with their name officially registered in government revenue records. Over time, portions of this valuable land, estimated to have a market valuation of approximately Rs 2,100 crores, have been encroached upon by private parties for constructing both residential and commercial properties.
Legal Proceedings and Court Observations
On March 17, a bench comprising Justice Vibha Kankanwadi and Justice Hiten Venegaonkar reviewed the matter. The court noted that despite a directive from the deputy collector on October 20, 2023, to initiate action under Section 53 of the Maharashtra Land Revenue Code (MLRC) to clear the encroachments, officials had resorted to avoidance strategies. The bench explicitly warned, "We are making it clear that delaying tactics will not be allowed and appropriate action then will be taken against such officer, who would prolong the matter unnecessarily."
The writ petition was filed by Sardar Manjeet Singh, a trustee of the Sachkhand Hazur Khalsa Diwan Nanded, commonly known as the Nanded Diwan, which serves as a spiritual guide body associated with the Gurudwara. Advocate Ganesh Gadhe, representing Singh, highlighted that revenue authorities had failed to take statutory action despite repeated representations from the Gurudwara.
Key Findings and Legal Framework
The High Court's order revealed that prima facie evidence confirms the land was indeed given as Pattedar to the Gurudwara. Legal opinions from the District Government Pleader in Nanded supported this, referencing 18 survey numbers and documents such as Khasra Patrak and 7/12 extracts. The court expressed astonishment at revenue records showing names of private individuals, noting these inclusions were made without following proper legal procedures.
Section 53 of the MLRC empowers the Collector to summarily evict individuals in unauthorized possession of state government land, provided notice and a reasonable hearing opportunity are given. The additional government pleader, instructed by Nanded tehsildar Sanjay Digambarrao Warkad, submitted that action under this section would commence the following week. However, due to the large number of persons involved—over 10,000—it was estimated to take at least one year to complete.
Court's Directive and Timeline
Rejecting the proposed one-year timeline, the High Court emphasized the urgency of the matter. It pointed out that the Deputy Collector (General) of Nanded had already taken cognizance of the issue in March 2023, with subsequent directions passed down to lower officials like the Tahsildar and Circle Officer. The court found it surprising that the Circle Officer later communicated to the petitioner that powers under Section 53 rest solely with the Collector, indicating bureaucratic confusion.
To streamline the process, the bench has ordered the Nanded district collector to assign a particular officer and provide clear instructions to ensure the inquiry is concluded within six months. This move aims to prevent further delays and ensure the Gurudwara's rightful ownership is upheld, protecting the valuable government land from illegal encroachments.
