Jharkhand High Court
Sumit Singh vs State Of Jharkhand & Ors on 17 January, 2014
Author: R. Banumathi
Bench: Chief Justice, Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 6357 of 2011
with
I.A. No.6626 of 2013, I.A. No. 6627 of 2013 , I.A. No. 6950 of 2013 ,I.A. No. 55 of
2014 and I.A. No. 7743 of 2013
Sumit Singh ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : M/s Soumitra Baroi
For the Respondents : Mr. K. Sundaram, J.C. to A.A.G.
For the Intervenor : Mr. Jay Shankar Tiwary , Mr. V.S. Sahay &
Mr. J.J.Sanga
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Order No.12 Dated 17th January, 2014
In this 'Public Interest Litigation', the petitioner seeks direction upon the respondent to remove the alleged illegal encroachments in the area of Medininagar at Daltangonj, Palamau.
2) The case of the petitioner, in brief, is that the area of Medninagar at Daltangonj, Palamau is badly affected by illegal encroachments, which is causing inconvenience to the public. According to the petitioner, even after the notices, issued upon the encroachers by the office of Municipal Ward, Medninagar, for vacating the land belonging to the Municipal Ward, Medninagar, neither the encroachments have been removed nor any action has been taken for removing the said illegal encroachments and hence the Public Interest Litigation.
3) A supplementary counter affidavit has been filed by the respondents on 2.12.2013 sworn by Executive Engineer, Municipal Council, Medininagar, in which, it is stated that the District Administration has removed the re-encroachers of the Municipal land on Nawahata- Durgabari Road at Medininagar on 24.10.2013 and 25.10.2013. It is further stated that vide memo no. 762 dated 9.10.2013, the District Administration has further fixed up the responsibility on the Executive Officer of Medininagar Municipality as well as the Officer Incharge of the Medininagar Town Police Station to be vigilant and watchful so that in -2- future no such incident of re-encroachment occurs. In paragraph 5 of the said affidavit, it is further stated that "a scheme has been floated to rehabilitate the displaced 33 persons and under the said scheme and 03 decimals land has been settled in favour of each of the displaced persons in the village Sahpur within the Chainpur Anchal in the district of Palamau and Parchas have been handed over to them".
4) I.A. No.6626 of 2013, I.A. No. 6627 of 2013 and I.A. No. 6950 of 2013:- Instant interlocutory applications have been filed by the Intervenors who are said to have been removed by the Bulldozers. Learned counsel appearing on behalf of the intervenors submitted that the intervenors including 29 others in the list which is at Annexure- I/1 are paying rent to the Daltonganj Municipality and without affording any opportunity to the intervening petitioners they have been forcibly removed. Learned counsel for the intervening petitioners further submits that since the intervening petitioners have been forcibly removed they have to be suitably rehabilitated by the authority as they have no roof to live.
5) Learned counsel appearing on behalf of the State of Jharkhand submits that each of the displaced 33 persons have already been allotted 3 decimal each at village Sahpur within the Chainpur Anchal in the district of Palamau. It was stated that the intervening petitioners are yet to take the possession over the same.
6) Learned counsel for the intervening petitioners submitted that the area allotted to the displaced persons in village Sahpur is not having any infrastructure and also basic amenities and the displaced persons are finding it difficult to settle in the allotted land.
7) In that view of the matter, we direct the Deputy Commissioner, Palamau to hand over the possession of allotted 3 decimals of the land to the above 33 displaced persons in Sahpur village within a period of 6 weeks, from the date of receipt of copy of this order. The allottees/ displaced persons are also at liberty to approach the Deputy Commissioner, Palamau by making a representation regarding their -3- grievance for basic amenities. On such representation being filed, the Deputy Commissioner, Palamau is directed to consider the same and extend the applicable rehabilitation scheme to the displaced persons.
8) I.A. No. 55 of 2014 :- Instant interlocutory application has been filed by 13 intervenors out of whom some of them are said to have filed Title Suits being T.S. No. 118 of 2011 and T.S. No. 131 of 2011 and the matters are said to be pending before the Civil Judge, Jr. Division, Palamau at Daltanganj. According to the intervening petitioners, notices for removal of encroachment were issued to some other persons and they moved before Additional Collector, Daltonganj in Case No. 64 of 2002-2003 for the settlement of the shops. It is stated that the Additional Collector after calling for a report from the Circle officer and the other authorities have been pleased to settle some of the persons for which a fair rent has also been fixed. It is submitted by learned counsel for the intervening petitioners submitted that liberty may be given to approach the Deputy Commissioner for seeking similar settlement as in case no. 64 of 2002-2003 without prejudice to the contention of claiming right and title in the property.
9) Considering the averments made in the Interlocutory Application (I.A. No. 55 of 2014) as also the submission made by learned counsel for the intervening petitioners , the intervening petitioners( 13 in number) are given liberty to make representation before the Deputy Commissioner, Palamau seeking appropriate relief. On such representation being filed, the Deputy Commissioner shall consider the same and take a decision in accordance with law within a period of 4 weeks from the date of receipt of the copy of the order.
10) Till the decision is taken by the Deputy Commissioner, Palamau, in so far as these 13 intervening petitioners are concerned, no coercive steps shall be taken against them, if the shops have not been so far removed.
11) It would be open to the Deputy Commissioner, Palamau to take a decision in respect of removal of encroachment if the present applicants- -4-
intervenor fail to approach the Deputy Commissioner within the said period. Accordingly, I.A. No. 55 of 2014 also stands disposed of in the terms as stated in paras 9 to 11.
12) I.A. No.6626 of 2013, I.A. No. 6627 of 2013 and I.A. No. 6950 of 2013:- We direct the Deputy Commissioner, Palamau to hand over the possession of allotted 3 decimals of the land to the above 33 displaced persons in Sahpur village within a period of 6 weeks, from the date of receipt of copy of this order. The allottees/ displaced persons are also at liberty to approach the Deputy Commissioner, Palamau by making a representation regarding their grievance for basic amenities. On such representation being filed, the Deputy Commissioner, Palamau is directed to consider the same and extend the applicable rehabilitation scheme to the displaced persons. Accordingly, I.A. No.6626 of 2013, I.A. No. 6627 of 2013 and I.A. No. 6950 of 2013 are disposed of in aforesaid terms. Since the alleged encroachment is said to have been removed, the same be recorded and the writ petition is disposed of accordingly. Consequently, I.A. No. 7743 of 2013 is dismissed.
(R. Banumathi, C.J.) (Aparesh Kumar Singh,J.) J.K. / A. Mohanty