Held that Deputy Commissioner must conduct a personal inquiry on the spot and take necessary decisions to stop illegal encroachment and secure public land within three months.
Deputy Commissioner, Gumla directed to personally visit the spot, conduct an inquiry, and take a decision within three months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.6954 of 2017
Mosarat Parveen ……… Petitioner
Versus
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
--------For the Petitioner : Mr. M.K. Habib, Advocate For the Resp.-State : Mrs. Pooja Kumari, A.C. to Sr. S.C.-III
04/01.07.2019 This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the direction has been sought for upon the respondents to issue show-cause as to why the encroacher did not restrain from constructing the house over the land situated at Ajad Basit pertaining to Plot No.17, 65, 29 total area being 2 Acre 92 decimal which is registered as page 99, Volume-14, Khata No.27.
The counter affidavit has been filed by the State-Respondent, wherein at paragraph-4 inter-alia therein, it has been stated that the fact about the encroachment has been found to be correct and therefore, an FIR has been instituted with Gumla P.S. and at present Circle Officer, Gumla has also found that construction work is going on.
Further submission has been made that the respondent no.6-Circle Officer, Gumla stopped the construction work over the said land and informed the Deputy Commissioner, Gumla vide letter no.1017 dated 14.09.2017 and also given instruction to the Officer-In-charge, Gumla as also the Land Reforms Deputy Collector, Gumla to look into the matter, so that there may not be any illegal construction over the land in question.
Mrs. Pooja Kumar, A.C. to Sr. S.C.-III appearing for the Respondent-State has submitted that the concerned authority of the District of Gumla is acting in pursuance to the grievance as has been agitated by the petitioner in the writ petition.
Mr. M.K. Habib, learned counsel for the petitioner has submitted that order to stop the construction work by the Circle Officer, Gumla is of the year 2017 but as per the instruction even today, the construction work is going on, as such, appropriate direction considering the fact about the illegal construction has not been disputed in the counter affidavit.
Upon hearing the learned counsel for the parties and on appreciating their rival submissions more particularly the stand taken by the State in the counter affidavit at paragraph-4, it transpires therefrom that the fact about the encroachment of the land in question and construction which is being made by the encroacher has not been disputed.
It has also been gathered that the Circle Officer, Gumla has taken initiative to stop the construction work and communicate it to the Deputy Commissioner, Gumla vide letter no.1017 dated 14.09.2017 and in view of such stand, this Court is of the view that if the land in question is a public land, the Deputy Commissioner, Gumla is to take all sincere endeavours to protect the government property and if the illegal construction by encroaching the land is going on, it is the sole responsibility of the Deputy Commissioner, Gumla to take all stringent decisions to restrain the encroachers who are encroaching the land by making the construction over the public land.
In view thereof, the writ petition is disposed of directing the Deputy Commissioner, Gumla to conduct an inquiry by personally visiting the spot (land in question) and take decision in accordance with law.
Needless to say that if any encroachment by making construction over the public land has been erected, the Deputy Commissioner, Gumla is also to take appropriate decision in accordance with law so that the public land be secured.
Such decision shall be taken by the Deputy Commissioner, Gumla within a period of three months’ from the date of receipt of copy of the order.
Accordingly, the writ petition stands disposed of.
(Sujit Narayan Prasad, J.)
Rohit/-
2 issues framed by the court
Whether the Deputy Commissioner should conduct an inquiry and take decisive action against illegal construction on alleged public land.
Whether sufficient time has elapsed for the execution of instructions regarding the restoration of public land free from encroachment.
2 provisions across 2 enactments
Mosarat Parveen
State of Jharkhand through Secretary Revenue & Land Reforms, Dhurwa, Ranchi
Deputy Commissioner, Gumla
Sujit Narayan Prasad
As recorded by the court registry
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