Disposed

Ramnath and 3 Others v. State of U.P. and 7 Others

Allahabad HC24 Nov 2021WRIC/22210/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging a notice for encroachment removal on public land. Relying on prior PIL directions requiring inquiry and hearing, the court directed the District Magistrate to consider objections before any demolition and stay further action until representation is heard.

What did the court decide?

District Magistrate directed to consider petitioners' objections via inquiry; no demolition to be carried out till disposal of representation; liberty granted to make comprehensive representation with

Ramnath and 3 Others Vs State of U.P. and 7 Others — Landlord and Tenant | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 22210 of 2021

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Petitioner :- Ramnath And 3 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.

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Petitioners are aggrieved by notice dated 27.7.2021, contained in Annexure No.3 to the writ petition, issued under Sections 441/447 IPC, which records that petitioner has raised constructions on the public road in Khuthan Bazar and despite demarcation orders passed such encroachment has not been removed. Similar notices have been issued to other petitioners. Notice in that regard appears to have been issued after this Court entertained Public Interest Litigation (PIL) No.79 of 2021, which came to be disposed of on 25th January, 2021 with following directions:-

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" In view whereof we deem it appropriate to issue following directions:

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(i) The petition be treated as representation made to the District Magistrate, Jaunpur about encroachments on subject land, which incidentally is Government land/public property.

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(ii) The District Magistrate 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.

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(iii) If the District Magistrate 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.

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(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, District Jaunpur 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.

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(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.

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(vi) If any adverse order is passed by the District Magistrate 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 appropriate proceedings before the Court of competent jurisdiction.

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(vii) After removal/demolition of unauthorized structure(s), the District Magistrate shall cause to initiate proceedings for recovery of compensation/damages for unauthorized user

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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.

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Let the entire exercise be done within a period of three months from the date of communication of this order.

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Action taken report be filed by the District Magistrate in this Court on or before 26.4.2021.

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The petition stands disposed of in above terms, save and except for reporting compliance on 26.4.2021. "

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The notice is assailed on the ground that petitioners have their abadi for the last several years which does not situate upon the public road and that their constructions are on old abadi land of plot nos.1203 and 1205. It is contended that no opportunity has been given to petitioners before proposing to remove the old construction and the petitioners' objection in that regard are also not being considered.

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While entertaining the writ petition, time was granted to learned Standing Counsel to obtain instructions. Instructions have not been received, so far.

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Considering the nature of order proposed to be passed, it is not necessary to keep the writ petition pending any further. This Court while disposing of Public Interest Litigation (PIL) No.79 of 2021 directed the District Magistrate to cause an enquiry and to take steps for removal of any encroachment after giving opportunity of hearing to all concerned. Petitioners assert that no opportunity has been given and their representation is also not being considered.

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In such circumstances, it would be appropriate to direct the District Magistrate, Jaunpur to consider petitioners' objection to the proposed removal of encroachment/demolition and for such purposes appropriate enquiry would be got conducted. Liberty stands reserved to the petitioners to make a comprehensive representation, annexing all materials in support of their claim, within one week from today. An appropriate order shall be passed by the District Magistrate concerned at the earliest as possible and it shall be open for the State authorities to proceed further in accordance with law within a further period of four weeks, thereafter. Till disposal of petitioners' representation, no demolition would be carried out by the authorities concerned.

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With the above observations/directions, this writ petition stands off.

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Order Date :- 24.11.2021 D. Tamang

Ramnath and 3 Others v. State of U.P. and 7 Others

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Ramnath and 3 Others v. State of U.P. and 7 Others

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