Encroachment on government land has become a growing concern across India, affecting planned development, public utilities, and the environment. Whether due to unauthorized construction, squatting, or fencing of open plots, such encroachments directly impact state revenue and administrative efficiency.
In this blog, we explore the legal framework governing encroachments, the powers of revenue authorities, and the mechanisms available for recovery and enforcement.
What is Encroachment on Government Land?
Encroachment refers to unauthorized occupation or use of land that is legally owned by the government (either state or central). This includes:
• Illegally constructed homes or businesses on government plots.
• Fencing or enclosing open government land.
• Farming or commercial use of reserved or forest land.
• Setting up religious or temporary structures without approval.
Legal Provisions Governing Encroachments
- Indian Penal Code, 1860
• Section 441 defines criminal trespass.
• Section 447 prescribes punishment for criminal trespass, applicable in cases of land encroachment.
2. Public Premises (Eviction of Unauthorised Occupants) Act, 1971
• Applicable to central government lands and public premises.
• Provides for eviction by an estate officer and imposition of penalties.
3. State-specific Land Revenue Acts
Each state in India has its own land revenue law (e.g., the Bombay Land Revenue Code, 1879 in Maharashtra, or Gujarat Land Revenue Code, 1879) which empowers:
• The Collector / District Magistrate / Revenue Officer to identify encroachment.
• Issuance of notice to the encroacher.
• Removal, demolition, or recovery of penalties if no valid response is received.
4. Forest Conservation Act, 1980
• Encroachments on reserved or protected forest land are penalized under this Act.
• Authorities may file cases, remove encroachments, and impose fines.
Role of Revenue Authorities in Recovery
When encroachment is detected:
1. Survey and Demarcation is carried out by the revenue inspector.
2. Notice is issued to the encroacher under relevant land revenue rules.
3. Opportunity to Respond is given to the occupant to prove legal possession.
4. If no valid title exists, eviction and recovery of charges (rent, penalty, cost of demolition) are ordered.
Authorities can:
• Levy compounding charges in some cases for regularisation (if legally permissible).
• Take police assistance for forceful eviction.
Revenue Impact of Encroachment
Encroachment affects the government in several ways:
• Loss of revenue from potential use (e.g., leasing or development).
• Increase in litigation costs for removal.
• Delay in infrastructure projects due to land being blocked.
• Distorted land records and erosion of public trust.
Judicial Perspective
The courts have consistently upheld the government’s right to reclaim its land:
• In State of Tamil Nadu v. Ananthi Ammal (1995), the Supreme Court held that encroachers cannot claim adverse possession over government land.
• Courts have also emphasized the duty of state governments to prevent and remove encroachments swiftly, balancing enforcement with humanitarian concerns in urban areas.
Conclusion
Encroachment on government land is not just a legal issue but a challenge to urban planning, governance, and fiscal discipline. While laws and procedures are in place, effective implementation is key. Governments must ensure timely surveys, digital land records, public awareness, and strict enforcement to protect public land and preserve the integrity of the revenue system.
Need help understanding land laws or dealing with land-related compliance? Reach out to us for legal assistance in land due diligence, regularization, or government liaison.
