The High Court of Jharkhand, in a writ petition regarding encroachment and damaged water pipes, remanded the matter to the Special Officer for an informed decision after hearing all parties within four weeks.
Matter remanded to respondent no. 5 to take appropriate informed decision after providing opportunity of hearing within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 7359 of 2019
Simmi Yasmin …Petitioner
-V e r s u s-
...Respondents
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Md. Kaisar Alam, Advocate For the State :- Mr. Sanjeev Thakur, S.C. (L&C)-I
Order No.-05 Dated: 02.06.2020
The present case is taken up through Audio/Video conferencing.
2. The present writ petition has been filed for issuance of direction upon the respondent nos. 2 to 6 to clear the encroachment at the main entrance of the petitioner’s house which has been blocked by the respondent no. 7 by erecting wall and also to remove the encroachment over the land situated at Notified Area Ward No.-03, Khata no. 85, plot no. 2160 which has been illegally occupied by the respondent no.-7. The petitioner has also prayed for issuance of direction upon the official respondents to facilitate the petitioner in repairing the underground Hume Pipe which has got damaged due to the wall erected by the respondent no. 7, as a result of which accumulation of waste water near her house has given rise to spread of bacteria and viruses.
3. Heard learned counsel for the petitioner and the learned S.C. (L&C)-I appearing on behalf of the respondent nos. 2 to 6.
4. The grievance of the petitioner is primarily against the respondent no. 7 who, according to her, has erected a wall over government land thereby obstructing the main entrance of her house. Due to erection of the said wall, the underground Hume Pipe has also got damaged as a result of which the water draining out from her house is getting accumulated at a nearby place due to
2
which there is continuous spread of bacteria and viruses in that locality.
5. On perusal of the writ petition, it appears that on being represented by the petitioner, the Sub-Divisional Officer, Dhalbhum, Jamshedpur (the respondent no. 3) vide letter no. 2595 dated 01.09.2019 has already directed the respondent no. 5- The Special Officer, Jamshedpur Notified Area Committee, Jamshedpur to look into the matter and to take immediate steps on the present issue. 6. Considering the said fact, the present matter is remanded to the respondent no. 5 for taking appropriate informed decision on the present issue after providing due opportunity of hearing to the petitioner/her representative and the respondent no. 7. The said exercise must be completed by the respondent no. 5 as expeditiously as possible, preferably within a period of four weeks from the date of receipt/production of a copy of this order.
7. The writ petition is accordingly disposed of with aforesaid observation and direction.
(Rajesh Shankar, J.)
Ritesh/
2 issues framed by the court
Whether the petitioner is entitled to direction for removal of encroachment and wall erected by respondent no. 7.
Whether the petitioners should be facilitated in repairing damaged underground Hume Pipe due to accumulation of waste water.
Simmi Yasmin
The State of Jharkhand
The Deputy Commissioner, East Singhbhum, Jamshedpur
Sub-Divisional Officer, Dhalbhum, Jamshedpur
Circle Officer, Jamshedpur, District- East Singhbhum
The Special Officer, Jamshedpur Notified Area Committee (J.N.A.C.), Jamshedpur
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
