The Rajasthan High Court has ruled that no possession over land forming part of a water body can be regularized, dismissing a batch of petitions filed by alleged encroachers of the Ummed Sagar Dam catchment area who challenged their eviction.

Justice Sunil Beniwal, while deciding the case Hari Ram & Ors. v. State of Rajasthan & Ors. [2025 LiveLaw (Raj) 212], upheld the State’s action of removing the petitioners from Khasra No. 5 in Chopsani Jagir, observing that the land was classified as part of the catchment area of the dam and belonged to the Public Health Engineering Department (PHED).

The petitioners had argued that they had been residing on the land for 15–20 years, had built permanent houses, and had official documents such as Aadhaar cards, ration cards, voter IDs, and electricity connections to prove long-standing occupation.

They claimed that their eviction was carried out without due process of law, notice, or any opportunity of being heard, and that no alternate shelter was provided.

The State, however, countered that the petitioners were unauthorized encroachers with no title documents. It asserted that land forming part of a water body is not eligible for regularization, and that mere possession of electricity or identity documents does not confer legal ownership.

Accepting the State’s arguments, the Court ruled that the petitioners were undisputedly encroachers and had no legal claim over the land. “Possession over land forming part of a water body cannot be regularized,” the Court held, adding that such land serves critical public interest and environmental functions.

Finding no merit in the petitions, the Court declined to grant any relief and dismissed them.

Counsel:

• For Petitioners: Mr. C.S. Kotwani

• For Respondents: Mr. Rajesh Panwar, Sr. Advocate-cum-AAG with Mr. Ayush Gehlot; Ms. Mehali Mehta for Mr. Sajjan Singh Rathore, AAG