Encroachment on Public Land: A Growing Threat to Governance and Public Welfare

Encroachment of public land has become one of the gravest challenges in India’s urban and rural governance. From roads and footpaths to village ponds and forest areas, illegal occupation of land not only undermines the rule of law but also threatens environmental sustainability, public resources, and the right to equitable access. The recent directive from the Allahabad High Court, ordering the removal of encroachments from public land within 90 days across Uttar Pradesh, marks a crucial step toward restoring accountability and protecting common property.

Allahabad High Court’s Landmark Order

In a public interest litigation (PIL) filed by Manoj Kumar Singh, it was alleged that a village pond in Chauka village of Mirzapur district was encroached upon by locals and that the administration failed to take action. The bench led by Justice P.K. Giri, in an order dated October 6, 2025, directed the Uttar Pradesh government to remove all encroachments from public or utility lands within 90 days.

The court also directed the initiation of departmental and criminal proceedings against officials, including pradhans, lekhpals, and revenue officers, who fail to report or remove encroachments. The bench observed that such inaction would amount to a criminal breach of trust under Section 316 of the Bharatiya Nyay Sanhita (BNS), 2023, along with charges of abetment and conspiracy.

The court reiterated the principle — “Jal hi Jeevan Hai” (Water is Life) — emphasising that water bodies are essential for life and must be preserved at all costs. It warned that no encroachment on ponds, lakes, or water reservoirs shall be tolerated and ordered that removal must be accompanied by heavy penalties and criminal punishment.

Encroachment: A Persistent and Complex Challenge

Encroachment refers to the unauthorised occupation or misuse of public or government-owned land. This can occur through illegal construction, expansion of private property onto public spaces, or conversion of land reserved for common utilities — such as ponds, grazing areas, and parks — into private holdings.

In rural India, Gram Sabha lands are particularly vulnerable, as weak land record systems, political interference, and administrative negligence enable individuals to occupy them illegally. In urban areas, encroachment often takes the form of unregulated settlements, illegal constructions, and roadside occupations, leading to traffic congestion, poor sanitation, and flooding during monsoons due to blocked drainage systems.

The lack of coordinated enforcement between revenue, municipal, and police authorities allows these encroachments to persist for decades.

Why Encroachment Must Be Addressed Urgently

  1. Environmental Impact – Encroachments on ponds, wetlands, and forest lands cause irreversible ecological damage. The disappearance of natural drainage systems leads to groundwater depletion and frequent urban flooding.

  2. Public Safety and Accessibility – Roads and public spaces blocked by illegal structures compromise public movement, road safety, and emergency response.

  3. Erosion of Public Trust – When government officials fail to act, it erodes citizens’ confidence in governance and creates space for corruption.

  4. Economic Loss – Encroachments reduce the usable land available for public projects, infrastructure, and sustainable development.

  5. Rule of Law – Unchecked encroachment weakens the legal system and sets a dangerous precedent where individual benefit overrides collective welfare.

Constitutional and Statutory Provisions

1. Constitutional Framework

The Constitution of India lays the foundation for protecting public land and ensuring responsible governance through:

  • Article 48A – Directs the State to protect and improve the environment and safeguard forests and wildlife.

  • Article 51A(g) – Imposes a fundamental duty on citizens to protect and improve the natural environment.

  • Article 300A – Guarantees that no person shall be deprived of property except by authority of law — reinforcing that unauthorised occupation of public property is illegal.

  • Article 243G & 243ZD – Empower Gram Panchayats and District Planning Committees to manage resources for the benefit of the community.

2. Bharatiya Nyay Sanhita (BNS), 2023

The Allahabad High Court invoked Section 316 of the BNS, 2023, which deals with criminal breach of trust — meaning that officials entrusted with protecting public land who fail to report or act against encroachment are liable for criminal prosecution.

3. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

This Act empowers the state and Gram Sabhas to protect land reserved for community use, including ponds and grazing grounds. Encroachers can be evicted and penalised under this Act.

4. Environment (Protection) Act, 1986 & Water (Prevention and Control of Pollution) Act, 1974

These Acts impose a legal obligation on state authorities to prevent pollution and ensure conservation of natural water bodies — which encroachments directly violate.

5. Indian Penal Code (Before Repeal) / BNS Equivalent

Earlier provisions under Sections 409 and 120B of IPC (now reflected in BNS) dealt with breach of trust and criminal conspiracy, applicable against negligent or complicit officials.

Judicial Interpretation and Precedents

Indian courts have consistently taken a strong stance against encroachments:

  • Jagpal Singh v. State of Punjab (2011) – The Supreme Court ordered all state governments to remove illegal occupations from Gram Sabha land and restore it for community use.

  • Hinch Lal Tiwari v. Kamala Devi (2001) – The apex court held that ponds and water bodies are meant for public use and cannot be allotted for private purposes.

  • MC Mehta v. Union of India (2004) – The Supreme Court directed authorities to prevent encroachments in Delhi, observing that public land must not be usurped for private gain.

Ensuring Effective Implementation

The Allahabad High Court’s order also directed the police to assist in the eviction process and ensure peaceful removal of encroachments. Importantly, it instructed that informants — those who report encroachments — must be given a hearing and protection.

If officials fail to comply with these directives, the court warned of civil contempt proceedings, reinforcing accountability at every level of governance.

To make such enforcement sustainable, experts recommend:

  • Strengthening digital land records for transparency.

  • Creating dedicated anti-encroachment cells in every district.

  • Implementing community vigilance programs to report illegal occupation.

  • Promoting citizen awareness on the importance of protecting public property.

Conclusion: Reclaiming What Belongs to the Public

Encroachment is not just a land issue — it’s a crisis of governance, accountability, and equity. The Allahabad High Court’s directive signals a renewed commitment to reclaiming public resources and restoring community trust.

Public land is a collective asset. When it’s encroached upon, the loss isn’t just physical — it’s moral and environmental. Upholding the constitutional promise of equality, justice, and sustainability requires that no private interest outweighs the public good.

If India is to achieve its vision of smart, sustainable development, the first step must be to protect what is already ours — our common land, our water bodies, and our shared future.


Location: Pune, Maharashtra, India

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