High Court Directs Anti-Corruption Bureau Investigation and Accountability for Encroachment on RIMS Premises
The Jharkhand High Court, in a landmark judgment, has directed the removal of illegal encroachments on government-acquired land within the premises of the Rajendra Institute of Medical Sciences (RIMS). The division bench, comprising Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad, emphasized that neither high-ranking officials nor private individuals have any legal right to occupy government-acquired land. The court's decision underscores the accountability of officials who failed to prevent such encroachments and mandates an investigation by the Anti-Corruption Bureau.
The judgment, delivered on December 20, 2025, addressed multiple petitions concerning the unauthorized occupation of government land by both private parties and high-ranking officials. The court ordered Ms. Rakhee Nisha Oraon, an IRS officer, to vacate a government bungalow within 15 days, failing which forcible eviction would ensue.
Highlighting the systemic issues leading to widespread encroachment, the court took a strong stance against the negligence of authorities and the manipulation of records that facilitated the illegal occupation. The order mandates the removal of all encroachments within 72 hours and directs the district administration to ensure compliance with adequate police deployment to prevent any resistance.
The court also addressed claims of ownership by various petitioners, dismissing their interlocutory applications for lack of merit, as the land in question had been lawfully acquired by the government. The judgment emphasized that claims based on outdated land records or incomplete documentation do not supersede the state's acquisition rights.
In a significant move to prevent future occurrences, the court ordered the initiation of departmental proceedings against officials found culpable in allowing illegal constructions and sanctioned the Anti-Corruption Bureau to conduct a thorough investigation. The court also ruled that affected residents, whose properties are demolished, should be compensated, with costs borne by the erring officials and builders responsible for the illegal encroachments.
The judgment has set a precedent for strict enforcement of land acquisition laws and accountability in government land management, aiming to curb illegal encroachments and protect public resources.
Bottom Line:
Encroachment and illegal occupation of government-acquired land are not permissible, even if the occupants are high-ranking officials or private individuals claiming title. Authorities and officials failing to prevent such encroachment may face investigation and be held accountable for negligence or corruption.
Statutory provision(s): Land Acquisition Act, 1894; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24(2) of Act, 2013; Natural Justice principles.
Jyoti Sharma v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc Id # 2829502
