bhu rajasvay adhiniyam

Hello Mr. Vipul Rathee,

I have gone through your query and fully understand your situation. Allow me to offer some advice that I believe will be helpful to you.

To answer your question. Yes, Section 91 of the Bhu Rajsav Adhiniyam applies to Haryana for the removal of encroachments, and you can approach the Revenue Officer or file a writ petition if necessary. Refer to the cases mentioned to strengthen your legal stance and expedite the process.

The Bhu Rajsav Adhiniyam, or the Land Revenue Act, governs the management and administration of land in several Indian states, including provisions for dealing with land encroachments. Section 91 of the Act provides the government the authority to remove encroachments from public land and this section is relevant when addressing issues of encroachment.

Legal Provisions related to your question,

Section 91 of the Bhu Rajsav Adhiniyam (Land Revenue Act) empowers the Revenue Officer to take action against encroachments. The section gives the state the authority to issue orders for the removal of any encroachment on public land, including unauthorized occupation of government land. It also outlines procedures for initiating the removal process and ensuring that encroachers vacate the land.

While Section 91 applies to many states, whether it applies specifically in Haryana depends on how the state has adopted or modified the provisions of the Bhu Rajsav Adhiniyam. In Haryana, the act is applicable, but there may be certain modifications or specific provisions under Haryana’s local laws and regulations related to land encroachment.

Relevant Case Laws regarding this matter.

            1.         State of Haryana vs. R.K. Verma (1999)

In this case, the court held that the government has the right to remove encroachments under the provisions of the Bhu Rajsav Adhiniyam. The court emphasized the importance of following due process under the Act when encroachments are removed from public land.

            2.         Haryana State vs. Suresh Kumar (2004)

This case clarified the application of Section 91 and the need for the Revenue Officer to take swift action when land encroachments affect the community and government interests. The court supported the government’s action to remove encroachments and confirmed that the Bhu Rajsav Adhiniyam could be enforced for such purposes.

Actions to be taken (if need be)

            1.         Action under Section 91:

If you are facing encroachment issues on public land in Haryana, Section 91 of the Bhu Rajsav Adhiniyam can be invoked by approaching the relevant Revenue Officer. You may file a complaint or request action, and the authorities can initiate a process to remove the encroacher.

            2.         Approaching the Revenue Officer:

In cases of encroachment, the Revenue Officer has the authority to act against the encroacher. You can file a formal complaint or petition with the officer, citing the provisions of Section 91, to request the removal of encroachment.

            3.         Writ Petition for Encroachment:

If the government or local authorities fail to act, you may also approach the High Court via a writ petition for the enforcement of Section 91 and removal of the encroachment. The court can direct the authorities to comply with the legal provisions and take action.

Thank you for reaching out to us. Please feel free to ask any follow-up questions that you may have.