Various disputes between brothers in a family over the distribution of property can be seen. Similar conflicts arose in Rajasthan between two brothers, Mukesh, son of Mull Singh Rajpurohit, and Mahendra Singh, son of Babu Singh Rajpurohit. This dispute led to the demolition of a large number of houses. The High Court has issued orders to demolish about 400 houses in Odwada village of Ahor subdivision area of Jalore district, Rajasthan, due to the dispute between the two brothers.
The dispute arose three years ago between the two brothers, leading them to approach the high court for resolution. Upon investigation, it was found that nearly 400 houses were built on pasture land. On 7th May 2024, the High Court ordered the demolition of these 400 houses and instructed the residents to vacate them or face demolition.
When the police arrived to demolish the houses, the villagers protested and blocked the roads. Women sat down in front of bulldozers and police vehicles. The police resorted to lathi charges to stop the locals. The villagers argued that they had been living there for many years and questioned where they would go if their houses were demolished.
Following this, a massive protest broke out in Jalore. The walls of the houses were demolished by JCBs, and electricity was cut off. Conditions began to deteriorate, leading to the postponement of the demolition. The court warned the residents to vacate their houses or face forced demolition.
Ashok Gehlot, former Chief Minister, stated that the government should address this matter in a humane manner and added that he would provide assistance to the victim families. Jalok Lok Sabha candidate Vaibhav Gehlot also posted on 'X' that the government had been insensitive to this matter. He added that he had sought legal opinion and decided to approach the Supreme Court for a stay order on behalf of the victim families.
Legal aspect of encroachment:
Encroachment is basically the illegal occupation or use of someone else’s property. Various legislations govern the same, such as the Indian Penal Code, 1860, Sections 441 to 446, which deal with criminal trespass and provide punishment for the same. The Transfer of Property Act, 1882, regulates the transfer of property and contains provisions to handle disputes arising from unlawful possession. The eviction of unlawful inhabitants from public property is made easier by the Public Property (Eviction of Unlawful Inhabitants) Act, 1971. The 2013 Right to Equitable Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act attempts to avoid arbitrary population displacement by guaranteeing equitable compensation for land acquisition.
