Madhya Pradesh High Court
Smt. Shanti Bai vs Union Of India on 7 December, 2021
Author: Nandita Dubey
Bench: Nandita Dubey
1 WP-26571-2021
The High Court Of Madhya Pradesh
WP No. 26571 of 2021
(SMT. SHANTI BAI AND OTHERS Vs UNION OF INDIA AND OTHERS)
Jabalpur, Dated : 07-12-2021
Shri Dharmendra Soni, learned counsel for the petitioners.
Heard on the question of admission as well as for grant of interim
relief.
The petitioner No.2 is aggrieved by the impugned notice (Annexure
P/1) dated 12.11.2021 whereby he has been declared as an encroacher on 768
Sq.ft. of the Government land and asked to vacate his possession over the
same failing which action under Section 257 of the Cantonments Act, 2006
will be taken up.
The contention of learned counsel for the petitioners is that no
particulars of the Government land on which he is allegedly have encroached
was given and despite being asked for the details, the same has not been
supplied till date. He apprehends that in the garb of this notice, his valid
possession over Survey No.93/780-A will be disturbed.
It is further pointed out that an advance copy of this petition has
already been served on Shri Anoop Nair, Advocate, who appears for the
respondent No.3-Cantoment Board, Pachmadi, District Hoshangabad
(M.P.). However, despite his name being reflected in the cause list none had appeared so far.
Under the circumstances, let notices be issued to the respondents on payment of process fee within seven days by ordinary as well as RAD mode, returnable within three weeks.
Till the next date of hearing, no coercive action be taken against the petitioner pursuant to the order dated 12.11.2021 (Annexure P/1).
Certified copy as per rules.
(NANDITA DUBEY) JUDGE Signature Not Verified SAN sjk Digitally signed by SHARAN JEET KAUR JASSAL Date: 2021.12.08 11:21:17 IST 2 WP-26571-2021 Signature Not Verified SAN Digitally signed by SHARAN JEET KAUR JASSAL Date: 2021.12.08 11:21:17 IST