High Court refuses to entertain cases relating to encroachments as PILs

Commenting that the court would be doing nothing else if every encroachment matter became a PIL, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said: “While it cannot be denied that no encroachment should be permitted on public land and every effort should be made to remove unauthorised construction of any kind that may be put up, every individual complaint made by a passer-by cannot be treated as PIL.” The appropriate procedure would be to approach the local authority by way of a representation. 

After receiving the representation, every reasonable authority or local administration should endeavour to look into the allegations and remove the encroachment if any on government land. 

“In the event the local administration does not take appropriate steps, the person aggrieved should file individual writ petition and not a PIL,” the bench said.

It also held that as a matter of policy, PILs should be filed only when large tracts of lands is involved or a general issue covering the entire State is brought to the notice of the court, and not cases of encroachment.

Directing the authorities to deal with the petitioner’s representation in the present case within four weeks and pass speaking orders, the first bench said, “If the authorities find any encroachment, they have to act in accordance with law. There is a statute for such purpose and the summary procedure under such statute has to be followed.”