Madhya Pradesh High Court
Naran Saini vs The State Of Madhya Pradesh on 18 November, 2016
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Writ Petition No.9681/2016
18.11.2016.
Shri P.N. Dubey, learned counsel for petitioner.
Petitioner, vide petition, seek following reliefs :-
(i) issue a writ in the nature of mandamus
commanding respondents No.1 to 5 to take
immediate action in demolishing the temple illegally raised on the public park of the colony.
(ii) issue a writ in the nature of mandamus directing the respondent No.5 to lodge an FIR against respondents No.6 to 8 for their prosecution under the Electricity Law and also take action against erring officers of respondent No.5 who have abetted the crime of theft of electricity by respondents No.6 to 8.
(iii) to grant any other relief deemed proper to the facts and circumstances of the case.
Instead of examining the grievance raised by petitioner, this Court deems it appropriate that the said grievance ought to be examined by Collector, Bhopal in the first instance and thereafter to take appropriate legal action in accordance with law after following due process and giving opportunity to all concerned.
This Court, accordingly, pass following directions for disposing of this petition:-
(i) The petition be treated as representation made to Collector, Bhopal about encroachments on subject land, which incidentally is Government land/public :: 2 ::Writ Petition No.9681/2016
property.
(ii) The Collector shall cause to make inquiry into this grievance and if he is convinced about the same, he will be obliged to take action against the encroachers and unauthorized structures to remove the said encroachment on the public property with utmost dispatch by following due process and giving opportunity to all concerned.
(iii) If the Collector has any difficulty in taking follow-up action as per the direction issued by him, must report that fact to this Court forthwith and seek appropriate directions, as may be required.
(iv) If Revenue Authority intends to proceed to remove/demolish unauthorized structure standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, Bhopal to provide sufficient police force for security arrangement. If such request is made, the Superintendent of Police shall personally ensure that adequate police force is deputed on the site, on the date and time notified by the Revenue Authority for proceeding with the removal/demolition of unauthorized structure(s) standing on the public property.
(v) Any person aggrieved by the decision or action of the Revenue Authorities will be free to challenge the same by way of appropriate proceedings, if so advised, before the Court of competent jurisdiction.
(vi) If any adverse order is passed by the Collector, the affected person(s) be given one week's time before taking action on the basis of that order to enable the concerned person(s) to assail that order :: 3 ::Writ Petition No.9681/2016
by way of appropriate proceedings before the Court of competent jurisdiction.
(vii) After removal/demolition of unauthorized structure(s), the Collector shall cause to initiate proceedings for recovery of compensation/damages for unauthorized user of the public property as per rules and recover that amount from the concerned occupant of the unauthorized structure, in accordance with law and as arrears of land revenue.
Action taken report be filed by the Collector in this Court on or before 23.2.2017. If such report is not filed, the matter be notified on 28.2.2017 under caption "Directions" for passing appropriate orders. Liberty is given to the petitioner to move this Court if the action taken report is deficient or discloses that complete action has not been taken to remove all the unauthorized occupants/structures.
This order shall be carried out promptly by all concerned in its letter and spirit.
Subject to above, the petition and pending interim application(s) filed therein, if any, be treated as disposed of.
(SANJAY YADAV)
vinod JUDGE