MP HC Restrains Rewa Collector From Taking Action Against Tribals [Read Order]

The Madhya Pradesh High Court has restrained the district collector of Rewa from taking any coercive action to remove hutment of 200 Tribals till their representation is not decided.

The Tribals, who are illiterate and economically impoverished, were allegedly encroaching upon the government land and were affected by the order passed by the court of Nayab Tehsildar on 23.05.2017.

The Tehsildar asked the Tribals to remove their encroachment made by erecting huts on the government land, the petitioner counsel said.

The government counsel submitted the petitioners were actually informed by the agents of the State with regard to their illegality and also intimated by showing them the constructions which were said to be encroachments on the government land.

Also the government counsel stated the petitioners herein have not given any proof of the fact that they were legitimate occupants of the said land and under the circumstances, it is clear that the said land belongs to the state government.

The vacation judge Atul Shreedharan said: “It is apparent that the order has straightaway asked the petitioners herein to remove their construction on or before 03.06.2017.”

“The said order does not mention any prior notice been given by the State to the petitioners asking them to perform as aforementioned, failing which action shall be taken by the State,” the court said.

It disposed of the petition of group of Tribals, issuing order “till such representations are decided, no coercive action shall be taken by respondent No. 2 (District Collector Rewa) against the petitioners herein”.