Rajasthan High Court: In a civil writ petition where 124 individuals residing at Khasra No. 5, Gali No. 8, Sundar Balaji Colony, Chopasni, under the jurisdiction of Municipal Corporation, Jodhpur, approached the Court challenging the demolition drive against them for allegedly encroaching in the catchment area of the Ummed Sagar Dam, a single-judge bench of Sunil Beniwal, J., dismissed the petition and held that there exists no illegality in the action initiated by the authorities to remove the encroachments from government land, especially land forming part of a vital water body.
In the instant matter, the residents-petitioners had constructed kacha-pakka houses and been residing in the area for approximately 15 to 20 years. They contended that they held Aadhaar Cards, Ration Cards, Voter IDs, and electricity connections, thereby evidencing longstanding possession.
The petitioners claimed that a Vigilance Committee, Jodhpur, had passed an order on 17-05-2025 based on allegations of encroachments over the catchment area of the Ummed Sagar Dam. Pursuant to this, notices were issued directing eviction. The petitioners submitted replies, but the authorities, allegedly without further consideration or alternate arrangement, commenced bulldozer action to evict them, thereby failed to follow due process of law and acted arbitrarily. They urged that the impugned orders be quashed, and the petitioners not be dispossessed without alternative rehabilitation.
However, the State countered that the petitioners are encroachers and have no title documents to claim any legal right over the land. It was stated that the land formed part of the catchment area of Ummed Sagar Dam, which is owned by the Public Health Engineering Department (PHED). It was argued that possession or residence proof such as electricity bills or identity documents did not establish a title or legal claim over the government land. It was lastly contended that the land being part of a water body, no regularisation was possible under existing laws or judicial pronouncements.
The Court noted that no document has been placed on record to suggest that any of the petitioners possess title over the land in question. The Court further noted that the land in question falls under the catchment area of the Ummed Sagar Dam, which is government owned.
Referring to settled legal position, the Court emphasised that the “possession over land forming part of a water body cannot be regularised.” The Court asserted that since no document of ownership or allotment had been produced by the petitioners, therefore, they are clearly encroachers.
The Court held that the petitioners had failed to establish any legal right over the land and “in the absence of any proof of title, the petitioners have no case for seeking relief under this Court’s extraordinary writ jurisdiction.” Accordingly, the Court dismissed the writ petitions as being devoid of merit.
[Hari Ram v. State of Rajasthan, S.B. Civil Writ Petition No. 11776/2025, Decided on 11-06-2025]
Advocates who appeared in this case:
Mr. C.S. Kotwani, Counsel for the Petitioners
Mr. Rajesh Panwar, Sr. Advocate — cum — AAG with Mr. Ayush Gehlot and Ms. Mehali Mehta for Mr. Sajjan Singh Rathore, AAG, Counsel for the Respondents