Madhya Pradesh High Court
Shree Lal Mer vs The State Of Madhya Pradesh Thr on 15 May, 2017
1 WP 3050/17
Shree Lal Mer Vs. State of M.P. & others
15/5/17
Shri S.K.Sharma, Advocate for the petitioner.
Shri Praveen Newaskar, Govt. Advocate for the State.
1.Petitioner, by way of the present public interest litigation seeks direction to the Authorities to remove the encroachment over the land bearing Survey No. 355 area 0.376 hectare, situated in village Sanai, tehsil Kumbhraj district Guna, which is recorded as govt. land for cremation purpose. Since there is allegation with regard to encroachment over the govt. land, this Court is of the considered opinion that the cause of justice would be best served if the Collector, Distt. Guna is directed to cause an inquiry and take appropriate steps in accordance with law, in case encroachment is found on the said Government land.
2. Petition is accordingly disposed of with the following directions:-
(i) The petition be treated as representation made to the Collector, Distt. Guna about encroachments on land in question described in the petition.
(ii) The Collector shall conduct inquiry into this grievance and if encroachment is found to exist, he will be obliged to take action against the encroachers and unauthorized structures to remove the said encroachment on the land in question with utmost dispatch by following due process and giving opportunity to all concerned.
(iii) 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, Distt. Guna 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 cremation ground.2 WP 3050/17
Shree Lal Mer Vs. State of M.P. & others
(iv) 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.
(v) If any adverse order is passed by the Collector, the affected person(s) be given ten working days from the date of communication of the order of removal/demolition time before taking action on the basis of that order to enable the concerned person(s) to assail that order by way of appropriate proceedings before the Court of competent jurisdiction.
(vi) After removal/demolition of unauthorized structure(s), the Collector shall cause to initiate proceedings for recovery of compensation/damages for unauthorized user of the Government property in question as per rules and recover that amount from the concerned occupant of the unauthorized structure, in accordance with law as arrears of land revenue.
3. Action taken report be filed by the Collector in this Court on or before 8/8/2017. If such report is not filed, the matter be listed on 16/8/2017 before the appropriate Bench of this Court under caption "Directions" for passing appropriate orders.
4. Liberty is given to the petitioners to move this Court if the action taken report in any manner is deficient.
5. This order shall be carried out promptly by all concerned in its letter and spirit.
6. Copy of this order be communicated to the Collector, Distt. Guna and to the Additional A.G. Gwalior.
Subject to above, the petition be treated as disposed of.
(Sheel Nagu) (S.A.Dharmadhikari)
Judge Judge
(Bu)