Madhya Pradesh High Court
Dr. Vijay Bajaj vs The State Of Madhya Pradesh on 10 July, 2014
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Writ Petition No.4139/2013
10/07/2014
Shri M.K.Agarwal, Advocate for the petitioner.
Shri Sanjay Dwivedi, Government Advocate for the
respondents.
Heard counsel for the parties.
This is third round of writ petition filed as Public Interest Litigation. We are appalled to notice that although this Court on earlier two occasions, firstly on 8.9.2010 and again on 19.4.2012, directed the appropriate Authority to deal with the issue of encroachment on public land, no steps have been taken in that regard for reasons best known to the concerned Authority. As a result, on this occasion we issue direction to the Collector of District Damoh to take appropriate measures as may be necessary in accordance with law within six weeks from today and report compliance in that behalf for which he shall be personally responsible.
We, accordingly, pass following directions for disposing of this petition :-
(i) The petition be treated as representation made to the Collector, District Damoh about encroachments on subject land, which incidentally is Government land/public property.
(ii) The Collector shall cause to make enquiry 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 2 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 the Revenue Authority intends to proceed to remove/demolish unauthorized structure(s) standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, Damoh 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) In case the Revenue Authorities have any difficulty in taking action, in accordance with law, and in terms of the direction contained hitherto, must approach this Court for appropriate directions with utmost dispatch.
(vi) 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.
(vii) If any adverse order is passed by the Collector, 3 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 by way of appropriate proceedings before the Court of competent jurisdiction.
Action taken report be filed by the Collector in this Court, on or before 22/8/2014. If such report is not filed, the matter be notified on 01/09/2014 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, be treated as disposed of.
(A.M.Khanwilkar) (Alok Aradhe)
Chief Justice Judge
HS
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INSTRUCTIONS
FIRST RED PARA
IF GOVERNMENT LAND IS SAID THEN TYPE GOVERNMENT IF PARTICULAR DETAILS OF PROPERTY ARE GIVEN THEN TYPE THE DETAILS OF PROPERTY SECOND RED COLLECTOR, DISTRICT WHICHEVER DISTRICT IS THERE WRITE THE COLLECTOR, DISTRICT________________ S.P., DISTRICT WHICHEVER DISTRICT IS THERE WRITE THE COLLECTOR, DISTRICT________________ IF INTERVENERS ARE THERE FOLLOWING PARA (V) FROM W.P. 9464/2006, 14059/2009 TYPED BY ANAND SHRIVASTAVA ON 9.4.2014 WILL BE INSERTED AFTER PARA (IV) AND ATTENDANCE OF INTERVENER WILL BE PUT.
(v) The interveners will be free to make representation to the Collector and produce official documents which would justify their retention and occupation of the structure(s) constructed by them, if any, on the Government land .
FOURTH AND FIFTH RED ARE DATES TO BE CHANGED ACCORDINGLY.