The state administration newly enacted anti-land grabbing laws for disputes concerning private properties however it has rarely enacted laws for encroachment on government land. It is worth noting that in several cases, senior IPS and IAS have been found involved in facilitating land grabbing for private parties for a cut or commission.
The Gujarat High Court hence on Monday came down heavily on the state administration. Four petitions were under hearing challenging the Amreli district magistrate’s orders invoking the Prevention of Anti-Social Activities Act by Justice Paresh Upadhyay.
The petitions were booked under the Gujarat Land Grabbing (Prohibition) Act and were dubbed as land grabbers for having hutments on a plot of private land. To which the Judge said that these were all private disputes and there is not a single case of encroachment on government land.
The judge further stated that there were so many land grabbing cases including disputes between tenants and landlords, hotels are being constructed on highways however there is not a single case of land grabing on govt land.
To this, the court added that the district magistrates are very enthusiastic to enter privae land disputes but not in disputes over the government.
In the present scenario, a reply filed by the government authority tried to justify invocation of PASA on the ground that if a certain woman PASA detenue was externed, she could still get help from a lawyer. However, to apply for bail for her release, it would be time consuming.
The High Court has reserved its order on all four petitions.
