In India, government land (often termed as “public land” or “waste land”) is managed and regulated by the State and its revenue authorities. With growing instances of unauthorized encroachments and disputes, eviction from government land has become a critical issue—legally complex and often socially sensitive.
While revenue authorities are empowered to take action to protect public property, their powers are not absolute. This blog explores the scope, process, powers, and legal limitations of revenue officers in evicting persons from government land.
What is Government Land?
Government land typically includes:
- Waste land and barren land
- Gamtal (village site) land
- Forest land
- Land allotted for public use (roads, schools, hospitals)
- Land acquired under land acquisition laws
- Land resumed from tenants or allottees due to violations
It may be under the control of Revenue Department, Forest Department, or Development Authorities depending on its classification and location.
Powers of Revenue Authorities
Under various state land revenue laws (like the Gujarat Land Revenue Code, Maharashtra Land Revenue Code, etc.), revenue officers are vested with quasi-judicial and administrative powers to:
Identify and record unauthorized occupation
Issue show cause notices to encroachers
Pass eviction and removal orders
Impose penalties or recovery of unauthorized occupation charges
Use police assistance to enforce orders
For example, Section 61 of the Gujarat Land Revenue Code, 1879 allows the Collector to summarily evict persons who are in unauthorized occupation of government land and remove encroachments.
Legal Procedure for Eviction
- Detection of encroachment through inspection or complaint
- Issuance of show cause notice to the alleged encroacher
- Opportunity to respond or present evidence
- Hearing and passing of eviction order by a competent revenue officer
- Execution of order – physical removal of structure/occupation
- Recovery of cost of removal, if applicable
Limitations and Safeguards
Revenue authorities, though powerful, must strictly follow due process. Any arbitrary or excessive action may be challenged in civil courts or constitutional courts (High Court under Article 226).
Key Legal Limitations:
- No eviction without notice and opportunity of hearing
- Encroachments must be proven through records (not just assumed)
- Vulnerable persons (poor, tribal, or displaced) may be protected under humanitarian and rehabilitation laws
- Use of force must be proportionate and recorded
- Orders must be well-reasoned and speaking orders
In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that even pavement dwellers have a right to be heard before eviction, recognizing Article 21 (Right to Life).
Legal Remedies Against Eviction Orders
If a person believes that the eviction order is illegal or unjust, the following remedies are available:
- Appeal to higher revenue authority (e.g., Deputy Collector or Collector)
- Revision application under the Revenue Code
- Writ Petition under Article 226 in the High Court
- Civil Suit, in certain cases of title or long-standing possession
Courts have consistently emphasized that eviction should not be high-handed or conducted without following principles of natural justice.
Practical Considerations
- Government must balance its rights over public land with constitutional protections of individuals.
- Revenue officers should document all stages of notice, hearing, and removal.
- Encroachers should be made aware of rehabilitation or regularization policies, if any.
- Legal assistance should be encouraged, especially in mass eviction drives.
Conclusion
While the State has an undeniable duty to protect public land, the rule of law demands that even encroachers be treated fairly. Eviction is not just an administrative act—it has human, social, and legal dimensions.
Revenue authorities must act within the framework of law, respecting due process, and ensuring that eviction orders stand the test of judicial scrutiny.
Need legal support in revenue matters or land dispute resolution?
Reach out to Narendra Madhu Associates for expert advice and representation before revenue authorities and courts.
