Encroachment Law Dispute: Allahabad High Court Quashes Public Property Damage Case

The Allahabad High Court ruled that proceedings under the Prevention of Damage to Public Property Act, 1984 are not applicable in cases of encroachment on gram sabha land. Such cases should be addressed under Section 67 of the Revenue Code, 2006. This decision follows an appeal by Brahmdutt Yadav.

The Allahabad High Court has clarified that cases involving illegal encroachment on gram sabha land should be addressed under the provisions of the Revenue Code, 2006, rather than the Prevention of Damage to Public Property Act, 1984.

Justice Saurabh Srivastava quashed proceedings against Brahmdutt Yadav, emphasizing that the adjudication of land rights falls within the jurisdiction of revenue courts. This decision aligns with a previous ruling in the Munshi Lal case.

The court criticized the improper application of the 1984 Act by the magistrate and highlighted that its primary purpose is to combat vandalism during riots, not to address encroachment issues.